assessee failed
to comply with the directions then the stay will automatically get vacated. The
assessee is advised not to take adjournment of hearing ... appeal otherwise the
stay will automatically get vacated. We are also granting early hearing in the
main appeal being ITA No. 5052/Del/2018
ORDER
PER ANIL CHATURVEDI, AM:
Through the present stay application, assessee is seeking
extension of stay of tax demand granted ... stay order dated 16.11.2020 was subsisting on
19.04.2021, therefore in view of aforesaid Hon'ble Delhi High
Court order, the Stay automatically stood extended
ORDER
PER ANIL CHATURVEDI, AM:
Through the present stay application, assessee is seeking
extension of stay of tax demand granted ... view of aforesaid Hon'ble Delhi High Court order, the Stay
automatically stood extended to 16.07.2021. He submitted that
the assessee is thus
assessee failed to comply with the directions then the stay will automatically
get vacated. The assessee is advised not to take adjournment of hearing ... appeal otherwise the stay will automatically get vacated. We are also granting
early hearing in the main appeal being ITA No. 5983/Del/2018
authorities below, objected for a blanket stay to be granted to
assessee. He submitted that in the event stay is granted certain
amount ... Stay Appl. No. 846/Del/2018
Avaya India Pvt. Ltd.
adjournment unless there being a cogent reason, otherwise this
stay shall stand automatically vacated
this stay application.
4. We have heard both the parties. We are of the view that this is a fit case
for granting stay ... advised not to take adjournment of hearing of appeal otherwise
the stay will automatically get vacated. We are also granting early hearing in
the main
grant of original stay order, therefore,
we do not find any reason to modify the conditions imposed in the original stay
order. Admittedly, non-disposal ... event of
non-fulfillment of this condition, the stay will automatically stand vacated.
4. In the result, the stay application is allowed in terms
order in the stay petition in clear terms
mandated that in the event the assessee seeks adjournment , the stay will be
automatically cancelled ... stay petition
categorically mentioned that on mere seeking of an adjournment by the assessee,
the stay granted would be automatically cancelled; and the event occurred
Delhi High Court, the operation of stay granted by the
Tribunal, thus, automatically stood extended to 15.05.2020.
Considering that the period of stay granted vide ... interest of the
revenue, let their not be any automatic extension of stay order.
Grant, extension or vacation of stay order shall not appeal
considered opinion that it is not a fit
case for granting blanket stay on realization of the outstanding
demand. We, therefore, direct the assessee ... next date of hearing the stay granted shall be
vacated automatically. The stay application filed by the assessee
is accordingly allowed.
6. In the result
