Union Budget 2025-26 (Full) + Finance Bill, 2025

XVIII. Clarification regarding commencement date and the end date of the period stayed by the Court

Section 144BA, section 153, section 153B, section 158BE, section 158BFA, section 263, section 264 and Rule 68B of Schedule-II of the Act, inter-alia, provide that period during which the proceedings under respective provisions are stayed by an order or injunction of any court shall be excluded in computing the time limit for conclusion of the proceedings.

2. However, there was an ambiguity regarding the commencement date and the end date of the period stayed by an order or injunction of any court which was required to be excluded.

3. With a view to removing any ambiguity, it is proposed to amend the said provisions of the Act so as to exclude the period commencing on the date on which stay was granted by an order or injunction of any court and ending on the date on which certified copy of the order vacating the stay was received by the jurisdictional Principal Commissioner or Commissioner (Approving panel in case of section 144BA of the Act).

4. This amendment will take effect from the 1st day of April, 2025.

[Clauses 41, 43, 44, 49, 50, 72, 73 & 86]

 

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Full Text:

Union Budget 2025-26 (Full) + Finance Bill, 2025

Stay period exclusion clarified: computation excludes from date stay granted until certified vacatur received by tax Commissioner. The amendment excludes from computation of statutory time limits the period beginning on the date a court stay is granted and ending on the date a certified copy of the order vacating that stay is received by the jurisdictional Principal Commissioner or Commissioner (or the Approving Panel where applicable).