Narasimha Chary, JM:

1. Extension of stay that was granted on 1.3.2016 is sought by way of this petition by the assessee on the ground that the stay that was granted on 1.3.2016 was extended from time to time and finally by order dated 9.3.2018 extended for a further period of six months. Assessee pleads that the reason for non disposal of the appeal is not attributable to the assessee in asmuchas subsequent to the last stay order on 9.3.2018, the appeal was listed for hearing on 18.4.2018, 10.7.2018 and 18.7.2018. However, the appeal could not heard on 18.4.2018 due to learned DR informing the Bench that a request for constitution of special bench has been preferred to the ITAT on the issue of provision for corporate guarantee. On 10.7.2018, the matter could not be heard as Tribunal directed the learned DR to check the status of application for constitution of special bench on the matter of corporate guarantee and the next date of hearing is scheduled on 4.9.2018. Heard the learned DR also. There is no contravention of the facts pleaded by the assessee.

2. Having regard to the facts and circumstances, we find that the reason for non disposal of the appeal could not be attributed to the assessee, as such, the stay could be extended for a further period of six months or till the disposal of the appeal, whichever is earlier, subject to the condition that the assessee shall not seek any adjournment.

3. For these reasons, the stay order dated 9.3.2018 is ordered to be further extended for 6 months or till the disposal of the appeal, whichever is earlier, subject to the

rider that the assessee shall not delay the disposal of appeal in any manner, lest the stay granted shall stand vacated. 4. Stay application is allowed accordingly.