Validity of order of Tribunal extending the stay beyond a period ...

Tribunal's Extension of Stay Beyond 185 Days u/s 254(2A) Challenged; Lacks Authority Without Hearing or Dated Order.

February 8, 2021

Case Laws Income Tax HC

Validity of order of Tribunal extending the stay beyond a period of 185 days - delay in disposing of the appeal is attributable to the assessee - Scope of Section 254(2A) - We are at a loss to understand as to how the Tribunal exercised its power in issuing a suo motu Corrigendum, that too by an undated order without hearing the Revenue or the Assessing Officer. - Tribunal, while issuing directions to the Departmental representative, not to exercise its jurisdiction against the assessee, should be traceable to the statutory provisions. We find that no such power has been conferred on the Tribunal under Section 254 of the Act. - HC

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Validity of order of Tribunal extending the stay beyond a period ...

Tribunal's Extension of Stay Beyond 185 Days u/s 254(2A) Challenged; Lacks Authority Without Hearing or Dated Order.

February 8, 2021

Case Laws Income Tax HC

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