2003 (12) TMI 284

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....ome Tax<br>Member(s)&nbsp; : K. C. SINGHAL., G. S. PANNU. JUDGMENT: The impugned petitions are preferred by the assessees in consequence to the recovery proceedings initiated by the Department in terms of the various notices which are placed on record in relation to the demands arising as a result of the assessment for the block period 1989 to 2001-02 in the entire group. 2. Briefly state....

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.... the Act, copies of which are placed in the paper book filed along with the petition before us. The ostensible reason for such an action of the Revenue is an interpretation of the insertion of second proviso to s. 254(2A) of the Act, to the effect that if an appeal is not disposed of by the Tribunal within 180 days of the date of passing of the stay order, then the order of the Tribunal granting t....

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....group has already taken a view favourable to the assessee and therefore, in the pending appeals there existed a prima facie case in favour of the assessee. Further, the counsel submitted that the six appeals of the assessees are already listed for hearing for23rd Dec., 2003which also indicates that no prejudice is caused to the Department if the stay is continued. 4. On the other hand, the lear....

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....ith respect to the issue on hand, we are of the considered view that the stay on the recovery of outstanding demands granted by the Tribunal vide its order dt.14th Aug., 2000, continues to be in force and the insertion of the second proviso to s. 254(2A) w.e.f.1st June, 2001, does not negate the same. Notwithstanding the aforesaid legal position, we are also conscious of the fact that certain appe....