Saturday, December 14, 2013

IT tribunal can extend period of stay beyond 365 days

 IT : Tribunal can extend period of stay beyond 365 days
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[2013] 39 taxmann.com 174 (Ahmedabad - Trib.)
IN THE ITAT AHMEDABAD BENCH 'A'
Vodafone West Ltd.
v.
Assistant Commissioner of Income-tax*
D.K. TYAGI, JUDICIAL MEMBER 
AND T.R. MEENA, ACCOUNTANT MEMBER
STAY APPLICATION NOS. 86 & 87 (AHD.) OF 2012
[ASSESSMENT YEARS 2008-09 & 2009-10]
JANUARY  11, 2013 
Section 254, read with section 201, of the Income-tax Act, 1961 - Appellate Tribunal - Powers of [Power to grant stay] - Assessment years 2008-09 and 2009-10 - Tribunal had granted stay against demand of tax for 180 days on two occasion - Assessee requested extension of stay beyond 365 days on ground that on similar facts matter was pending before Supreme Court in case of other telecom companies wherein ad interim order had been passed - Bombay High Court in case of CIT v. Ronuk Industries Ltd. [2011] 333 ITR 99/15 taxmann.com 369/203 Taxman 90 (Mag.) has held that Tribunal has power to extend period of stay beyond 365 days under third proviso to section 254(2A) - Whether in view of legal position on this issue, stay was to be granted for a period of 180 days or till disposal of appeal - Held, yes [Para 2] [In favour of assessee]
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