New rules are being introduced to clarify how the time period of a court-ordered stay affects the time limits for tax proceedings. Previously, there was ambiguity about when these stay periods began and ended. The amendment clarifies that the excluded period starts when the stay is granted and ends when the court order vacating the stay is officially received. These changes will come into effect from 1st April 2025.
Clarification regarding commencement date and the end date of the period stayed by the Court
Section 144BA, section 153, section 153B, section 158BE, section 158BFA, section 263, section 264 and Rule 68B of Schedule-II of the Act, inter-alia, provide that period during which the proceedings under respective provisions are stayed by an order or injunction of any court shall be excluded in computing the time limit for conclusion of the proceedings.
2. However, there was an ambiguity regarding
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FAQ :
The clarification aims to remove ambiguity regarding the commencement and end dates of periods stayed by court orders, which are excluded when calculating time limits for tax proceedings.
The clarification affects Section 144BA, Section 153, Section 153B, Section 158BE, Section 158BFA, Section 263, Section 264, and Rule 68B of Schedule-II of the Act.
The excluded period commences on the date the stay was granted by an order or injunction of any court.
The excluded period ends on the date a certified copy of the order vacating the stay is received by the jurisdictional Principal Commissioner or Commissioner (or the Approving panel for Section 144BA).
These amendments will take effect from the 1st day of April, 2025.