The Tribunal declined to entertain the assessee’s stay application against an order passed by the Commissioner under section 12AB(4)(ii) on the ground that no tax demand had arisen and that it lacked jurisdiction to stay the Commissioner’s order. The High Court held that the Tribunal possesses incidental and ancillary powers under section 254 to grant stay of the operation of an order which is the subject matter of appeal before it. Accordingly, the Tribunal’s order was set aside, and the matter was remitted for fresh consideration of the stay application in accordance with law.