TMI Blog2003 (12) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... t vide order dated 20-12-2002, a conditional stay was granted by the ITAT. Though the assessees fulfilled those conditions, the appeals could not be taken up within six months and thus the stay got expired by virtue of provisions of section 254(2A) of Income-tax Act. The assessees again applied for stay wherein it was mentioned that the appeals in question were already posted for hearing but, for, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l the disposal of the appeals and also submitted that the appeals were in fact posted for hearing on 11-12-2003 and they are ready to proceed with the matter. 3. On the other hand, the learned DR filed written submissions which arc identical to the one filed in SP Nos. 100 to 103/Hyd./2003 which were already considered by the Bench in their order dated 30th May, 2003. 4. We have carefully cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rated by Finance Act, 2001, restricts the power of the Tribunal to grant stay beyond the period of six months. The relevant provisos read as under:- "Provided that where an order of stay is made in any proceedings relating to an appeal filed under sub-section (1) of section 253, the Appellate Tribunal shall dispose of the appeal within a period of one hundred and eighty days from the date of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the proviso is that, in many cases, stay granted by the Tribunal on recovery of demand till the disposal of the appeal makes the demand irrecoverable for several months or even years and therefore it was thought fit to introduce the above-mentioned provisos whereby stay earlier granted would automatically stand vacated after the expiry of six months period from the date of the order. In our ..... X X X X Extracts X X X X X X X X Extracts X X X X
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