Case Law Details
Brief fact
Aggrieved by the assessment order, petitioner filed the appeal before the tribunal vide ITA No.1442/Del/2014. The Tribunal, at the initial stage, that is on 31.03.2014 had granted stay of demand raised subsequent to assessment order. The stay was further extended vide order dated 19.09.2014. In the meanwhile appeal of the petitioner was listed for hearing but could not be taken-up for reasons not attributable to the petitioner and was further fixed for hearing on 13.04.2015.
Contention of Revenue-
Tribunal has no authority to extend the period of stay beyond a period of 365 days from the initial date of grant of stay in view of third proviso to section 254(2A). As 365 days would expire on 30.03.2015, the petitioner cannot approach the Tribunal for any further extension of stay
Contention of Assessee
Please become a Premium member. If you are already a Premium member, login here to access the full content.
