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2013 (5) TMI 78 - AT - Income TaxRevision u/s 263 - pray for stay of operation of order u/s 263 - Held that:- A perusal of the decision of the Hon'ble Andhra Pradesh High Court in the case of Khalid Mehdi Khan (1977 (1) TMI 26 - ANDHRA PRADESH High Court) clearly shows that while granting the stay or any other inter-locutary order, the tribunal shall have to be keep in mind the period of limitation prescribed u/s. 153(2A) and pass order in light of the same. Admittedly, the limitation in the present case expires on 31-3-03. The appeal of the assessee is posted for hearing on 28-5-2013 As the limitation provided u/s. 153(2A) would expire by the time of the appeal is disposed of - stay cannot be granted to the assessee against the operation of the order passed u/s. 263 of the Act. On this ground itself the stay petition filed by the assessee stands dismissed.
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