Case Law Details
Case Name : Shri Jethmal Faujimal Soni Vs. ITAT (Bombay High Court)
Related Assessment Year :
Courts :
All High Courts Bombay High Court
Shri Jethmal Faujimal Soni Vs. ITAT (Bombay High Court)
S. 254 (2A) empowers the Tribunal to grant stay of recovery of demand for a period not exceeding 365 days. The 3rd Proviso to s. 254(2A) inserted by the Finance Act 2008 provides that if there is a delay in disposing of the appeal within the said period, the order of stay shall stand vacated even if the delay in disposing of the appeal is not attributable to the assessee.
The assessee’s appeal was adjourned by the Tribunal from time to time for no fault of the assessee and in view of the fact that an identical issue was pending before a...
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How many ITAT members (including its President) are going to heed to this judgment? Who does not know that the ITAT has its own way of (mal)functioning, and if one does not play to its tunes, one must suffer-be it the Tax deptt. or the tax payer!