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2016 (3) TMI 1302 - AT - Income TaxPower conferred upon the Tribunal under Section 254(1) to grant interim stay - Held that:- Omnibus power conferred upon the Tribunal under Section 254(1) “to pass such orders as it thinks fit” while deciding an Appeal is reinforced in respect of passing interim orders of stay in the first part of second proviso to sub-section (2A). This ancillary power of the Tribunal to “pass an order of stay in any proceedings related to an appeal filed under sub-section (1) of Section 253,”is subject to the twin requirement that the stay order could be passed for a period not exceeding 180 days and that the Tribunal should dispose of the appeal within that period. In the present case we are only concerned with the power of the Tribunal to grant interim stay as conferred by first part of the second proviso to subsection 2 (A) of section 254 of the Income Tax Act. The appeal of the assessee is pending before the ITAT and has been listed for hearing along with the stay petition and in fact the hearing has also commenced. There is also no doubt that the issues arising in the stay petition flow directly and substantially from the impugned order before the ITAT and the proceedings sought to be stayed relate to the present appeal filed under sub-section (1) of Section 253. During the course of hearing the Stay Petition which stood reinforced on hearing of the Appeal, we found that the assessee had a prima-facie case for grant of stay as prayed for and an order of status-quo was pronounced on the Bench As the assessee has made out a prima-facie case for grant of stay, the departmental objection that the ITAT does not have the power to grant stay is misplaced. See case of CIT, Central-II vs ITAT [2012 (8) TMI 166 - DELHI HIGH COURT]
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