2014 (6) TMI 641

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.... P K Panda ORDER Per N K Billaiya, AM: By means of the present stay application the assessee seeks to get the extension of demand already stayed by the Tribunal for the A.Y. 2007-08 till the final disposal of the appeal. 2. We have heard the rival submissions and carefully perused the relevant material on record. It is seen that in this case the stay was earlier granted by the Tribunal....

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....has held that where the delay in the disposal of pending appeal is not attributable to the assessee, the Tribunal has the power to extend the stay beyond the period of 365 days even after the amendment of the third proviso to section 254(2A) w.e.f. 1st October, 2008. Taking into consideration the entire factual position in this regard as discussed above and the further fact that the assessee had a....