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2020 (10) TMI 927 - AT - Income TaxExtension of stay granted - grant stay beyond 365 days - HELD THAT:- Payments made by the assessee is already much in excess of 20% of the disputed demand of tax, interest, fee, penalty, etc., and in this manner, the amended first proviso to section 254(2A) gets satisfied in the present case. In view of the above discussion, we grant extension of stay up to 19.03.2021 in order to ensure that the total stay granted by the Tribunal does not exceed 365 days because the original stay was granted by the Tribunal on 20.03.2020. We do not mean and hold that the Tribunal cannot grant stay beyond 365 days but that aspect we are leaving open for a decision in some other appropriate case because in the present case, even by granting extension of stay up to 19.03.2021, total stay granted by the Tribunal does not exceed 365 days and therefore, in the present case, we feel that we are not required to adjudicate this aspect of the matter i.e. amended second proviso to section 254 (2A). Stay Petitions filed by the assessee are allowed.
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