ITAT Power to grant stay beyond 365 days
Last updated: 21 January 2016
Court :
Bombay High Court
Brief :
Even in case of substituted third proviso to Section 254(2A) of the Act which restricts the power of the ITAT to grant stay beyond 365 days “even if the delay in disposing of the appeal is not attributable to the assessee” has been struck down in Pepsi Foods 376 ITR 87 (Del) as being arbitrary, unreasonable and discriminatory, the law laid down in Narang Overseas 295 ITR 22 (Bom) & Ronuk Industries 333 ITR 99 (Bom) that the ITAT has power to grant stay beyond 365 days has to be followed.
Citation :
CIT vs. Tata Teleservices (Maharashtra) Ltd (Bombay High Court);
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CA Suraj R. Agrawal
Published in LAW
Views : 2923
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