Per N V Vasudevan, Vice President This is a petition filed by the assessee seeking an order of stay of recovery of outstanding demand of a sum of Rs.13.40 crores pending disposal of the appeal of the assessee for the assessment year 2014-15.

2. The assessee had already filed an application for grant of stay of recovery of outstanding demand in SP No.17/Bang/2019 and this Tribunal by order dated 1.2.2019 granted an order of stay of recovery of outstanding SP No.258/Bang/2019 Page 2 of 3 demand subject to certain payments. The assessee has complied with the terms of order of stay. The appeal was posted for hearing out of turn on

20.05.2019. The hearing of the appeal was, however, preponed to

26.04.2019 and the appeal was ultimately heard on 30.04.2019. The period of stay was operational upto 01.08.2019. The Bench which heard the matter, however, fixed the appeal for fresh hearing seeking for certain clarification by order sheet entry dated 23.07.2019. The appeal was fixed for hearing for clarification on 15.10.2019. On that date, the Bench did not function and therefore the appeal got adjourned to 23.01.2020. It is in these circumstances that the assessee has moved the present application seeking stay of recovery of outstanding demand. Since the order of stay expired on 01.08.2019, the assessee apprehends that recovery proceedings will be taken and hence this petition seeking an order of extension of stay of recovery of outstanding demand.

3. We have heard the rival submissions. The ld. DR submitted that the assessee has paid only 25% of the outstanding demand and it should be directed to pay further amounts equal to at least 50% of the outstanding demand. The ld. counsel for the assessee however pointed out that this Tribunal while granting an order of stay has already found existence of a prima facie case, balance of convenience and relative hardship in favour of the assessee and there are no circumstances that have changed warranting imposing any extra conditions for granting an order of stay of recovery of outstanding demand.

4. We have given a very careful consideration to the rival submissions and we find that the non-disposal of the appeal of the assessee is not attributable to the assessee. The assessee has been diligent and has was ready at all points of time. In fact, the appeal was heard on 30.04.2019 but the orders could not be pronounced for reasons not attributable to the assessee. As rightly submitted by the ld. counsel for the assessee, the SP No.258/Bang/2019 Page 3 of 3 delay in non-disposal of the appeal is not attributable to the assessee and the existence of prima facie case, balance of convenience and relative hardships have already been examined by the Tribunal when it granted an order of stay of recovery of outstanding demand. There are no circumstances warranting review of the terms of stay already granted by the Tribunal. More importantly, the delay in disposal of assessee is not attributable to the assessee. In these circumstances, we grant an order of stay of recovery of outstanding demand for a period of six months from the date of this order, or till the disposal of appeal, whichever is earlier.

5. In the result, the stay petition is allowed. Pronounced in the open court on this 25 th day of October, 2019. Sd/- Sd/- ( G MANJUNATHA ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT Bangalore, Dated, the 25 th October, 2019. / Desai Smurthy / Copy to:

1. Applicant 2. Respondent 3. CIT 4. CIT(A)

5. DR, ITAT, Bangalore. 6. Guard file By order Assistant Registrar, ITAT, Bangalore.