Section 254 - Orders of Appellate Tribunal - Income-tax Act, 1961

Orders of Appellate Tribunal. 254. (1) The Appellate Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (1A) 1 [***] (2) The Appellate Tribunal may, at any time within 12 [six months from the end of the month in which the order was passed] with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the 2 [Assessing] Officer : Provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this sub-section unless the Appellate Tribunal has given notice to the assessee of its intention to do so and has allowed the assessee a reasonable opportunity of being heard : 3 [ Provided further that any application filed by the assessee in this sub-section on or after the 1st day of October, 1998, shall be accompanied by a fee of fifty rupees.] 4 [(2A) In every appeal, the Appellate Tribunal, where it is possible, may hear and decide such appeal within a period of four years from the end of the financial year in which such appeal is filed under sub-section (1) 5 [or sub-section (2) 13 [ *** ] ] of section 253: 6 [Provided that the Appellate Tribunal may, after considering the merits of the application made by the assessee, pass an order of stay in any proceedings relating to an appeal filed under sub-section (1) of section 253, for a period not exceeding one hundred and eighty days from the date of such order 14 [ subject to the condition that the assessee deposits not less than twenty per cent. of the amount of tax, interest, fee, penalty, or any other sum payable under the provisions of this Act, or furnishes security of equal amount in respect thereof ] and the Appellate Tribunal shall dispose of the appeal within the said period of stay specified in that order: 15 [Provided further that no extension of stay shall be granted by the Appellate Tribunal, where such appeal is not so disposed of within the said period of stay as specified in the order of stay, unless the assessee makes an application and has complied with the condition referred to in the first proviso and the Appellate Tribunal is satisfied that the delay in disposing of the appeal is not attributable to the assessee, so however, that the aggregate of the period of stay originally allowed and the period of stay so extended shall not exceed three hundred and sixty-five days and the Appellate Tribunal shall dispose of the appeal within the period or periods of stay so extended or allowed. ] 10 [Provided also that if such appeal is not so disposed of within the period allowed under the first proviso or the period or periods extended or allowed under the second proviso, which shall not, in any case, exceed three hundred and sixty-five days, the order of stay shall stand vacated after the expiry of such period or periods, even if the delay in disposing of the appeal is not attributable to the assessee ] (2B) The cost of any appeal to the Appellate Tribunal shall be at the discretion of that Tribunal.] (3) The Appellate Tribunal shall send a copy of any orders passed under this section to the assessee and to the 7 [ 8 [***] Commissioner]. (4) 9 [Save as provided in section 256 or section 260A], orders passed by the Appellate Tribunal on appeal shall be final. ------------------------------- Notes :- 1. Omitted by the Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. Original sub-section was inserted by the Finance Act, 1964, w.e.f. 1-4-1964. In connection with this amendment, section 25 of the Taxation Laws (Amendment) Act, 1972 has made the following independent provision: Savings and special provision.- (1) Notwithstanding the omission of sub-section (1A) of section 254 of the Income-tax Act, 1961 (43 of 1961), by section 3 of this Act, every requisition by an appellant for the making of a reference under that sub-section and every reference made under that sub-section before such omission shall be dealt with as if the said section has not been omitted, and, save as aforesaid, no such reference shall be made after such omission. 2. Substituted for Income-tax by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 4. Sub-sections (2A) and (2B) inserted by the Finance Act, 1999, w.e.f. 1-6-1999. 5. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000. 6. Substituted by the Finance Act, 2007, w.e.f. 1-6-2007. Prior to their substitution, provisos, as inserted by the Finance Act, 2001, w.e.f. 1-6-2001, read as under : Provided that where an order of stay is made in any proceedings relating to an appeal filed under sub-section (1) of section 253, the Appellate Tribunal shall dispose of the appeal within a period of one hundred and eighty days from the date of such order : Provided further that if such appeal is not so disposed of within the period specified in the first proviso, the stay order shall stand vacated after the expiry of the said period. 7. Substituted for Commissioner by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 8. Words Chief Commissioner or were omitted by the Finance (No. 2) Act, 1991, w.e.f. 27-9-1991. 9. Originally, proposed to be Substituted by the National Tax Tribunal Act, 2005 from the date to be notified, but since withdrawn. 10. Substituted by Finance Act, 2008, w.e.f. 1.10.2008. Prior to substitution it was read as under: 6 [Provided also that if such appeal is not so disposed of within the period allowed under the first proviso or the period or periods extended or allowed under the second proviso, the order of stay shall stand vacated after the expiry of such period or periods. ] 11 . Inserted vide Finance Act, 2012, w.e.f. 01-07-2012. 12. Substituted vide THE FINANCE ACT, 2016 w.e.f. 1st day of June, 2016, before it was read as, four years from the date of the order 13. Omitted vide THE FINANCE ACT, 2016 w.e.f. 1st day of June, 2016, before it was read as, 11 [ or sub-section (2A) ] 9. 14. Inserted vide Finance Act, 2020 dated 27-03-2020 w.e.f. 01-04-2020 15. Substituted vide Finance Act, 2020 dated 27-03-2020 w.e.f. 01-04-2020 before it was read as Provided further that where such appeal is not so disposed of within the said period of stay as specified in the order of stay, the Appellate Tribunal may, on an application made in this behalf by the assessee and on being satisfied that the delay in disposing of the appeal is not attributable to the assessee, extend the period of stay, or pass an order of stay for a further period or periods as it thinks fit; so, however, that the aggregate of the period originally allowed and the period or periods so extended or allowed shall not, in any case, exceed three hundred and sixty-five days and the Appellate Tribunal shall dispose of the appeal within the period or periods of stay so extended or allowed: