PER S.V. MEHROTRA, A.M :

1. The assessee has filed this stay application under Rule 35A of the ITAT Rules, seeking extension of stay of outstanding demand, originally granted by the ITAT vide order dated 16 th January, 2015 in SA No.407/Del/2014 contained at page 13 of Paper Book which was further extended vide order dated 28 th July, 2015 in SA No.382/Del/2015 and again vide order dated 15 th January, 2016 in SA No. 02/Del/2016 and again subsequently vide order dated 02 nd May, 2016 in SA No.226/Del/2016 contained at pages 20 to 22 of stay petition. The stay application has been filed by the assessee on 15 th November, 2016 i.e. after SA No.528/Del/2016 expiry of six months period granted vide order dated 02 nd May, 2016 and, therefore, this stay application is being treated as a fresh stay application.

2. Ld. counsel referred to order dated 02 nd May, 2016 and pointed out that the Tribunal had granted the stay keeping in view the fact that appeal for the assessment years 2003-04 and 2004-05 was being heard and order was awaited. Ld. counsel referred to page 8 of the stay petition wherein in para 6 the reasons have been explained on account of which appeal could not be disposed of which are reproduced hereunder :-

Last Date Next Date Remarks

26.04.2016 24.05.2015 Hearing of appeal adjourned awaiting ITAT orders for AYs 2003-04 and 2004-05.

24.05.2016 27.07.2016 Bench "1-2" not functioning.

27.07.2016 27.09.2016 Hearing adjourned at the request of tax department

29.09.2016 23.11.2016 Hearing of appeal adjourned awaiting ITAT orders for AYs 2003-04 and 2004-05.

3. Ld. counsel pointed out that the order for assessment years 2003-04 and 2004-05 has been pronounced by Tribunal on 30 th September, 2016. In the backdrop of the above factual background, ld. counsel submitted that non- disposal of appeal is not attributable to assessee.

4. After hearing both the parties, we find that the submissions advanced by ld. counsel have not at all been controverted in any manner by Department. We, SA No.528/Del/2016 therefore, consider it in the interests of justice to grant stay for a period of six months or till disposal of appeal, whichever is earlier. The appeal will come up for hearing on 01 st February, 2017, as was pronounced in the open court at the conclusion of hearing and, therefore, no separate notice will be sent to the assessee fixing the appeal for hearing. The assessee is directed not to seek any adjournment without reasonable cause else the stay order will get vacated.

5. In the result, the stay application is allowed in terms of the aforementioned observations. Order was pronounced in the open court on this 02 nd day of December, 2016 at the conclusion of hearing.