Clause 189 - Stay of demand by the Appellate Tribunal - Direct Taxes Code Bill, 2009

Stay of demand by the Appellate Tribunal 189. (1) An assessee may make an application to the Appellate Tribunal for stay of demand relating to the appeal filed by him and such application shall be accompanied by a fee of one thousand rupees. (2) The Appellate Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders on stay application as it deems fit. (3) The Appellate Tribunal shall not grant stay under sub-section (2) for a period of more than one hundred and eighty days from the date of passing the order for stay. (4) The Appellate Tribunal may extend the period of stay allowed under sub-section (2), if- (a) the assessee makes an application seeking further extension of the period of stay; and (b) the Appellate Tribunal is satisfied that the delay in disposing of the appeal is not attributable to the assessee. (5) However, the aggregate of the period originally allowed under sub-section (2) and the period or periods extended sub-section (4) shall not, in any case, exceed three hundred and sixty-five days from the date of passing the order of stay under subsection (2). (6) The Appellate Tribunal shall dispose of the appeal during the period of stay and where it fails to do so, the stay order shall stand vacated on the expiry of the period of stay allowed under sub-section (2) or the period or periods extended under subsection (4), regardless of the fact that the delay in disposing the appeal is not attributable to the assessee.