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Commissioner of Income Tax Versus Tata Teleservices (Maharashtra) Ltd.

2015 (12) TMI 1507 - BOMBAY HIGH COURT

Tribunal power under the Act to extend the stay of demand in the appeals pending before it beyond the period of 365 days - Held that:- This Court has consistently taken a view that the Tribunal has power to extend the stay even after the substituted third proviso to subsection 2A to Section 254 of the Act was introduced. This is evident from all the orders referred to in para 3 hereinabove. The Revenue has not filed appeal against the above orders of this Court in the context of the substituted .....

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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” These additional words added in the substituted third proviso to Section 254(2A) of the Act has bee .....

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e challenge is to the common order dated 26 June 2015 passed by the Income Tax Appellate Tribunal (the Tribunal), in the pending appeals filed by the respondent-assessee. By the common impugned order dated 26 June 2015, the Tribunal extended the stay of the demand in respect of the appeals pending for the Assessment Years 2009-10 to 2012-13, for further period of six months or the earlier disposal of the Appeals. These were in line with its earlier order dated 27 February 2015. 2. The grievance .....

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stries 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 rendere .....

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Overseas (P) Ltd. (supra) which in fact was concerned with the earlier proviso i.e. prior to the substituted third proviso to Section 254(2A) of the Act. It is, therefore, submitted that the decisions relied upon would not apply to the substituted third proviso to Section 254(2A) of the Act. 5. We find that this Court has consistently taken a view that the Tribunal has power to extend the stay even after the substituted third proviso to subsection 2A to Section 254 of the Act was introduced. Th .....

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n 254(2A) of the Act. The basis of the decision in Narang Overseas (P) Ltd. (supra) was on the basis of 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 c .....

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express grant of statutory power carries with it by necessary implication the authority to use all reasonable means to make such grant effective (Sutherland's Statutory Construction, Third Edition, arts.5401 and 5402). The powers which have been conferred by S.254 on the Tribunal with widest possible amplitude must carry with them by necessary implication all powers and duties incidental and necessary to make the exercise of those powers fully effective. The Supreme Court while disposing of .....

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