section 254 - Page 4

Tribunal has power to grant unlimited stay of demand

Vodafone West Limited (formerly known as Vodafone Essar Gujarat Limited) Vs. Asst. Commissioner of Income Tax (ITAT Ahmedabad)

Tribunal has power to extend the period of stay beyond 365 days u/s.254(2A), third proviso, even if the delay in disposing off the appeal is not attributable to the assessee, there may be several other reasons for not disposing of the appeal by the ITAT....

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Decision on debatable point of law or fact cannot be corrected by rectification u/s. 254(2)

Prem Colonisers Pvt. Ltd. Vs ITO, Ward 14(3) (ITAT Delhi)

A bare look at section 254(2) of the Act, which deals with rectification, makes it amply clear that a 'mistake apparent from the record' is rectifiable. In order to attract the application of section 254(2), a mistake must exist and the same must be apparent from the record. The power to rectify the mistake, however, does not cover cases ...

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