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November 2016

Appellate Tribunal – Power to grant stay – Section 254(2A) – A. Y. 2009-10- Tribunal has power to grant stay for a period exceeding three hundred and sixty five days

By K. B. Bhujle
Advocate
Reading Time 1 mins
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Principal CIT vs. Carrier Air Conditioning and Refrigeration
Ltd.; 387 ITR 441 (P&H):

In
the appeal filed by the Revenue before the Punjab and haryana high Court, the
following questions were raised:

“i)  Whether the hon’ble income-tax appellate
tribunal has acted in contravention of the second proviso to section 254(2a) of
the income-tax act, 1961 as the combined period of stay has exceeded 365 days?

ii)  Whether the order of the income-tax tribunal
be treated as void ab initio in the light of the third proviso to section
254(2a) of the income-tax act, 1961, which provides that stay of demand stands
vacated after expiry of 365 days even if delay in disposal of appeal is not
attributable to the assessee?”

The
high Court held as under:

“Where the delay in disposing of the appeal is not attributable to the
assessee, the tribunal has the power to grant extension of stay beyond 365 days
in deserving cases.”

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