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TMI Blog2014 (5) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... n For the Respondent : C.S.C. Ashok Kumar ORDER An order of assessment was passed against the petitioner under section 143(3) and section 144 (C) of the Income Tax Act, 1961 making a total addition of Rs.25.89 crores. The petitioner went in appeal before the Income Tax Appellate Tribunal. The Tribunal, by an interim order dated 8 January 2013, allowed the application for stay for a period of 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposal of the appeal. Thereafter, the appeal was re-fixed for hearing and was eventually heard on 28 March 2014. These proceedings have been instituted for an extension of the period of stay since, in view of section 254(2-A) of the Income Tax Act, 1961, the Tribunal would not have the power to extend the stay in view of the judgment of the Delhi High Court in Commissioner of Income Tax Vs. M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned demand and on such statement being made, it will be open to the Tribunal to adjourn the matter at the request of the Revenue. (iv) An assessee can file a writ petition in the High Court pleading and asking for stay and the High Court has power and jurisdiction to grant stay and issue directions to the Tribunal as may be required. Section 254(2A) does not prohibit/bar the High Court from i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it jurisdiction under Article 226 of the Constitution, we are of the view that it will be appropriate to direct and, accordingly, order that until the appeal is finally disposed of by the Tribunal, the order of stay granted by the Tribunal shall continue to operate. However, since the Tribunal has already heard the appeal finally and judgment has been reserved, we would request the Tribunal to dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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