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| The Tax Publishers2020 TaxPub(DT) 4341 (Bang-Trib) : (2021) 187 ITD 0488 INCOME TAX ACT, 1961
Section 220
Where payments made by the assessee was already much in excess of 20% of disputed demand of tax, interest, fee, penalty, etc., and in that manner, the amended first proviso to section 254(2A) got satisfied in case of assessee, thus, extension of stay was granted ensuring that the total stay granted by the Tribunal did not exceed 365 days.
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Recovery - Stay of demand - Extension of stay in terms of amended first proviso to section 254(2A) -
Assessee filed petitions before Tribunal seeking stay of outstanding disputed demands for assessment years 2011-12 to 2018-19. Held: Payments made by the assessee was already much in excess of 20% of disputed demand of tax, interest, fee, penalty, etc., and in that manner, the amended first proviso to section 254(2A) got satisfied in case of assessee. Thus, extension of stay up to 19-3-2021 was granted in order to ensure that the total stay granted by the Tribunal did not exceed 365 days because the original stay was granted by the Tribunal on 20-3-2020. It was not meant to be held that Tribunal cannot grant stay beyond 365 days but that was left open for a decision in some other appropriate case because in case of assessee, total stay granted by the Tribunal did not exceed 365 days and therefore, amended second proviso to section 254(2A) was not required to be adjudicated.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12 to 2018-19
IN THE ITAT, BANGALORE BENCH
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