The Commissioner of Income, Chennai v. Hyundai Motor India Ltd
|The Commissioner of Income, Chennai
|Hyundai Motor India Ltd.
|HIGH COURT OF MADRAS
|Date of Order
|statutory provisions • power to grant stay • interim order • interim stay
|Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in extending the stay beyond the period of 365 days which is contrary to the 3rd proviso stated in Section 254 of the Income Tax Act, 1961 2. Is not the finding of the Tribunal bad by extending the stay for a further period of 120 days on 09.10.2015 which would in aggregate amount to in all 420 days which is contrary to the statutory provisions enunciated in Section 254 3rd proviso 3. Whether the Tribunal has the power to grant stay beyond 365 days in aggregate especially when the 3rd proviso to Section 254 clearly indicates that if the appeal is not disposed off within the period allowed, then the order of stay stand vacated 2. Both the learned counsel at Bar submit that the present appeal filed by the Revenue Department is against the interim order passed by the learned Income Tax Appellate Tribunal on 09.10.2015 in SP No.407/Mds/2015 in ITA No.853/Mds/2014 for the Assessment Year 2009-10. The questions raised in the present appeal filed by the Revenue Department under Section 260A of the Income Tax Act is about the powers of the learned Income Tax Appellate Tribunal to grant stay beyond a period of 365 days contrary to the 3rd Proviso of Section 254(2A) of the Income Tax Act, 1961. In Order in TCA No.335 of 2016 dated 05.06.2020 However, the said questions are rendered academic in view of the fact that the main appeal filed by the Assessee itself stands disposed of admittedly on 27.04.2017 and therefore the present appeal under Section 260A of the Act against the interim stay order granted by the Tribunal becomes infructuous. Leaving the questions raised by the Revenue Department open for adjudication in appropriate case, we dispose of the present appeal as having been rendered infructuous.