2019 (2) TMI 1146 - SCH - Income Tax

Power of ITAT to extend the stay of demand - combined period of stay has exceeded 365 days - Whether the order of the ITAT be treated as void ab initio in light of Third Proviso to Section 254 (2A) of the Income Tax Act, 1961, which provides that stay of demand stands vacated after expiry of a period of 365 days, even if delay in disposal of appeal is not attributable to the assessee? - Held that - It is stated that the Tribunal has decided the main appeal itself, therefore, this petition is dismissed as having become infructuous.

Summary

The Supreme Court dismissed the petition as the Tribunal had already decided the main appeal, making the petition infructuous. Delay was condoned and pending applications were disposed of. (2019 (2) TMI 1146 - SC Order)