Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1319 - AT - Income TaxStay of demand beyond 365 days by Tribunal u/s 254(2A) - HELD THAT:- We noted that judgement of Hon'ble Supreme Court in case ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. AND ANR. VERSUS CENTRAL BURUEAU OF INVESTIVATION [2018 (4) TMI 3 - SUPREME COURT OF INDIA] will not help the Revenue for the reason that even the Legislature in this provision of Section 254(2A) introduced third proviso vide Finance Act, 2008 and allowed the period for granting of stay not exceeding 365 days in normal circumstances. Hence the Legislature was conscious of the fact that there are circumstances where stay has to be granted beyond six months as the facts requires in the exceptional cases. We have gone through the said order and noticed that no such plea was placed before the Tribunal at the time of hearing or from record we could not trace such arguments or plea. Taking into consideration all the facts and circumstances, we are of the view that the TATA TELESERVICES (MAHARASHTRA) LTD. [2015 (12) TMI 1507 - BOMBAY HIGH COURT] has struck down the expression, “even if the delay in disposing of the appeal is not attributable to the assessee” as substituted by 3rd proviso to Section 254(2A) of the Act and taken a view that the Tribunal has power to extend stay even beyond 365 days and even after the substitution of 3rd proviso to Section 254(2A) of the Act. Hence, respectfully following the above referred decisions, discussing legal positions, we dismiss this miscellaneous application of the Revenue.
|