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2012 (7) TMI 562 - KARNATAKA HIGH COURTPower of Tribunal to extend the stay beyond a period of 365 days - Revenue contested it to be order contrary to Section 254 - Held that:- Considering the provisions of Section 254(2A) the first proviso provides that the said Appellate Tribunal may, on merit, pass an order of stay in any proceedings relating to an appeal were period of stay cannot exceed 180 days from the date of such order and the said Appellate Tribunal shall dispose of the appeal within the specified period of stay - The second proviso to further extend the period of stay originally allowed. However the aggregate of period originally allowed and the period so extended should not exceed 365 days. The Appellate Tribunal is required to dispose of the appeal within the extended period - The third proviso provides that if such appeal is not decided within the period allowed originally or the period extende the order of stay shall stand vacated after the expiry of such period or periods. Appellate Tribunal has committed a positive error in consciously extending the interim order of stay granted in the pending appeal beyond the period of 365 days ignoring the language of Section as the language of the legislature being quite clear about the outer time limit stipulated for the duration of the operation of stay - in favour of revenue.
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