TMI Blog2015 (12) TMI 1507X X X X Extracts X X X X X X X X Extracts X X X X ..... s, a different stand is taken in this appeal. Apex Court in CCE vs. Kumar Cotton Mills (P) Ltd., (2005 (1) TMI 114 - SUPREME COURT OF INDIA) held that notwithstanding the presubstituted third proviso to Section 254(2A) of the Act the Tribunal continues to have powers to grant interim relief. In the above view, therefore, the ratio of the decision in “Narang Overseas (P) Ltd.” (2007 (7) TMI 5 - HIGH COURT, BOMBAY ) would apply even in case of substituted third proviso to Section 254(2A) of the Act. The only substantial difference in the presubstituted third proviso and substituted third proviso to Section 254(2A) of the Act is the addition of the words “even if delay in disposing of the appeal is not attributable to the assessee” T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of the Court's orders in Narang Overseas (P) Ltd. Vs. ITAT, (2007) 295 ITR 22 and Commissioner of Income Tax Vs. Ronuk Industries Ltd., (2011) 333 ITR 99 (Bom) . The aforesaid decisions have been consistently followed by this Court in Director of Income Tax vs. M/s. Ingram Micro(India) Exports Pte.Ltd. in Income Tax Appeal (L) No.137 of 2013 rendered on 6 March 2013; Director of Income Tax (IT)-1 Vs. M/s. St. Jude Medical Inc. in Income Tax Appeal (L) No.2121 of 2012 rendered on 1 March 2013; The Commissioner of Income Tax-II, Pune Vs. PTC Software (I) Private Limited in Income Tax Appeal (L) No.1927 of 2012 rendered on 28 February 2013, by not entertaining these appeals. Thus the grievance raised appear to stand concluded against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the following:- We have considered the object of the amendment and before answering the issue, let us consider the position of law in the matter of grant of interim relief before the amendment. The power to grant interim relief has been recognised by the Supreme Court [See ITO Vs. M.K.Mohammed Kunhi (1969) 71 ITR 815 (SC. We may gainfully reproduce the following paragraph: It is difficult to conceive that the legislature should have left the entire matter to the administrative authorities to make such orders as they choose to pass in exercise of unfettered discretion. The assessee, as has been pointed out before, has no right to even move an application when an appeal is pending before the Tribunal under S.220(6) and it is only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appears to me, applies as much to the Court of first instance before the first trial, and to the Court of appeal before the second trial, as to the Court of last instance before the hearing of the final appeal. It would, therefore, be clear that the power to grant stay or interim relief has to be read as coextensive with the power to grant final relief. The object being that in the absence of the power to grant interim relief the final relief itself may be defeated. This Court thereafter followed the decision of the Apex Court in CCE vs. Kumar Cotton Mills (P) Ltd., (2005 (180) ELT 434 (SC) and held that notwithstanding the presubstituted third proviso to Section 254(2A) of the Act the Tribunal continues to have powers to gran ..... X X X X Extracts X X X X X X X X Extracts X X X X
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