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2016 (3) TMI 1471 - HC - Income TaxExtension of stay on recovery by Tribunal - stay being in excess of 365 days - validity of stay on disputed demand granted earlier in respect of the appeals pending before it in exercise of power u/s 254(2A) - grievance of the Revenue is that it is without jurisdiction as the extension of the stay results in stay being in excess of 365 days, therefore, in clear breach of the third proviso to Section 254(2A) - HELD THAT:- The stay granted by the impugned orders is for a period of six months from its date i.e. 17th July, 2015 and 11th September, 2015. Thus, in the present facts, the impugned orders have exhausted its life and are no longer in force. Thus, the challenge to the impugned order is purely academic. Therefore, we see no reason to entertain the Petitions. The issue as mentioned herein above, is no longer res integra so far as this Court is concerned in view of the decision of this Court in CIT v/s. Tata Teleservices (Maharashtra) Ltd. [2015 (12) TMI 1507 - BOMBAY HIGH COURT], wherein this Court following the earlier decision of this Court in Narang Overseas (P) Ltd. v/s. ITAT [2007 (7) TMI 5 - BOMBAY HIGH COURT] and CIT v/s. Ronak Industries [2010 (11) TMI 461 - BOMBAY HIGH COURT] held that even after substitution of the third proviso to Section 254(2A) of the Act, the Tribunal would have power to extend the stay beyond a period of 365 days as provided therein. Petition dismissed.
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