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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 occasioned by any default on the part of the assessee - the Tribunal had finally heard the appeal in September 2013 after which the appeal was placed for re-hearing and was finally heard on 28 March 2014 when the judgment was reserved – it will be appropriate to grant the stay till the disposal – Decided in favour of Assessee. - Writ Tax No. - 285 of 2014 - - - Dated:- 5-5-2014 - Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 April 2013 and 12 June 2013. The petitioner applied for extension of stay. The Tribunal, by its order dated 5 July 2013, extended the stay for a further period of six months or till the disposal of the appeal whichever is earlier. Thereafter, the appeal was heard on 24 and 25 September 2013 and the judgment was reserved. On 28 January 2014, the Tribunal granted a further extension of stay for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2008, the Tribunal cannot extend stay beyond the period of 365 days from the date of first order of stay. (ii) In case default and delay is due to lapse on the part of the Revenue, the Tribunal is at liberty to conclude hearing and decide the appeal, if there is likelihood that the third proviso to Section 254(2A) would come into operation. (iii) The third proviso to Section 254(2A) does n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal subject to an order of deposit of Rs. two crores which amount has been deposited. Secondly, as the order passed by the Tribunal on 28 January 2014 would indicate, non disposal of the appeal has not been occasioned by any default on the part of the petitioner. Thirdly, the Tribunal had finally heard the appeal in September 2013 after which the appeal was placed for re-hearing and was fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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