Cwp v. Income Tax Appellate Tribunal & Ors

ARCHANA ARORA2014.11.25 16:10I attest to the accuracy andauthenticity of this document CWP No. 9233 of 2014 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 9233 of 2014|Date of decision: November 13, 2014 Doaba College Tanda Road, Jalandhar /!+%0% _..... Petitioner| income lax Appellate [ribunal, Amritsar and others wo. ReESPONdents CWP No. 9234 of 2014| Doaba College Tanda Road, Jalandhar /!+%0% _....__ Peatitione Income Tax Appellate Tribunal, Amritsar and others wo. ReESpONdents CORAM:HON'BLE MR. JUSTICE RAJIVE BHALLA AND|HON'BLE MR. JUSTICE AMIT RAWALPresent:-Mr. Rohit Sud, Advocatefor the petitioner, Mr. Vivek Sethi, Advocatefor respondent No.2. ie i RAJIVE BHALLA, J (ORAL) By way of this order we shall dispose of CWP Nos. 9233 and 9234 of 2014. The facts are being taken from CWP No.9933 of 2014. Admittedly, an appeal filed by the assessee is CWP No. 9233 of 2014 2 pending adjudication before ITAT. | A perusal of the facts reveals that the Tribunal hadgranted an interim stay which stood statutorily vacated under Section204 (2-A) of the Income Tax Act,1961. The petitioner is before uspraying that the stay order may be extended up to the decision of theappeal. Counsel for the revenue submits that as the petitioner wasat fault, the stay order stands vacated by operation of Section 254(2-A) and therefore cannot be extended by exercise of power underArticle 226 of the Constitution. | We have heard counsel for the parties. Withoutrecording any opinion as to the nature of Section 254(2-A) namelywhether It Is mandatory or directory but taking Into consideration tnatan appeal is already pending adjudication, dispose of the writpetitions by directing the Income lax Appellate [ridunal, Amritsar todecide the petitioners appeal within three montns. The tnterim stay granted by the Iribunal snailoperate for this period of three months subject to the petitioner's filingan undertaking before the Tribunal that he shall not delay thedisposal of the appeal. (RAJIVE BHALLA)JUDGE (AMIT RAWAL)JUDGE