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2013 (12) TMI 313 - HC - Income TaxPower of ITAT to stay the proceedings initiated for levy of penalty - Held that:- With a view to avoid multiplicity of proceedings and harassment to the assessee and considering section 275(1)(a) of the Income-tax Act, when the Commissioner of Income-tax (Appeals) will get further six months time to dispose of the penalty proceedings from the end of the month in which the order of Tribunal is received by the Commissioner/Chief Commissioner, when the Tribunal has stayed the penalty proceedings during the pendency of the appeal before it - The Tribunal has not exceeded in its jurisdiction - Not the said order is illegal - The Income-tax Appellate Tribunal in exercise of the powers under section 254 of the Income-tax Act would have jurisdiction and/or power of doing all such acts, or employing such means, as are essentially necessary to its execution and that the statutory power carries with it the duty in proper cases to make such orders for staying proceedings as will prevent the appeal if successful from being rendered nugatory and the Appellate Tribunal has the power to grant stay as incidental to its jurisdiction - Decided against Revenue.
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