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Issues involved: Application for extension of stay on recovery of outstanding demand u/s 201(1) and 201(1A) for assessment years 2007-2008, 2008-2009, and 2009-2010.
Extension of Stay on Demand u/s 201(1) and 201(1A): The Tribunal had previously granted stay on the recovery of outstanding demand u/s 201(1) subject to a further payment. The assessee sought clarification on whether the stay order included demands u/s 201(1A) as well. The Tribunal, in a subsequent order, extended the stay to the recovery of interest u/s 201(1A) on the same terms as the initial order. The Departmental Representative argued against the extension of stay on demand u/s 201(1A) citing legal provisions and judicial precedents. However, the Tribunal held that the supplementary order was a continuation of the original stay order and decided to extend the stay on demand u/s 201(1) and 201(1A) until a specified date or the disposal of the appeals, whichever is earlier. Legal Interpretation and Decision: The Tribunal emphasized that the supplementary order was not an independent one but an extension of the initial stay order. It declined to delve into the merits of the Revenue's arguments regarding the competency of the Tribunal to grant stay on demand u/s 201(1A) not pending in appeal. The Tribunal clarified that the Revenue could have challenged the order through appropriate legal channels but as it stood unmodified, the stay extension was deemed valid. The Tribunal justified the extension of stay on both demands u/s 201(1) and 201(1A) based on compliance with the original stay order terms and the pending appeals. Consequently, the Tribunal ordered the extension of stay on both demands until a specified date or appeal disposal. This judgment highlights the Tribunal's decision to extend the stay on recovery of demands u/s 201(1) and 201(1A) based on the circumstances and legal considerations presented during the proceedings.
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