TMI Blog2010 (4) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... en up for final disposal. - Revenue shall not take any coercive steps for enforcing the demand which forms the subject-matter of the appeal - The Tribunal is directed to dispose of the pending appeal within a period of four months from today. - 1744 of 2010 - - - Dated:- 12-4-2010 - CHANDRACHUD D. Y. DR., DEVADHAR J. P. JJ JUDGMENT 1. The challenge in these proceedings under article 226 of the Constitution is to the constitutional validity of the third proviso inserted in section 254(2A) of the Income-tax Act, 1961 by the Finance Act of 2008, with effect from October 1, 2008. 2. In the present case, a stay petition was filed before the Income-tax Appellate Tribunal at Pune on July 29, 2008, for stay under section 254(2A). By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elay in disposing of the appeal is not attributable to the assessee may extend the period of stay for a further period or periods ; so, however, that the aggregate of the period originally allowed and the extended period shall not, in any case, exceed three hundred and sixty-five days, within which the appeal is to be disposed of. The third proviso which was inserted by the Finance Act of 2008, with effect from October 1, 2008, provides that if there is a delay in disposing of the appeal within the period allowed under the first proviso or the extended period allowed under the second proviso, which shall not, in any case, exceed three hundred and sixty-five days, the order of stay shall stand vacated after the expiry of such period or perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r expeditious hearing of the appeal within a period of four months from today, the Revenue shall not take any coercive steps for enforcing the demand which forms the subject-matter of the appeal. The statement which has been made on behalf of the Revenue is recorded and the assurance is accepted by the court. 6. The Tribunal is directed to dispose of the pending appeal within a period of four months from today. In view of the directions which have been passed as aforesaid, based on the statement of the Revenue, it is not necessary for the court to deal with the constitutional validity of the third proviso to section 254(2A) in the facts of this case. The parties shall appear and produce a duly authenticated copy of this order before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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