Revenue raised the question as to whether Tribunal’s order was to be treated as void-ab-initio in light of third proviso to section 254(2A) which provided that stay of demand would stand vacated after expiry of a period of 365 days, even if delay in disposal of appeal was not attributable to assessee. Following the order in PCIT v. Carrier Air Conditioning and Refrigeration Ltd. [2016] 387 ITR 441 (P & H.)(HC) appeal of the revenue was dismissed.
PCIT v. BMW India (P.) Ltd. (2019) 105 taxmann.com 135 / 263 Taxman 340 (P & H)(HC) Editorial : SLP of the revenue is dismissed as infructuous as the main appeal is disposed by the Appellate Tribunal, PCIT v. BMW India (P.) Ltd. (2019) 263 Taxman 339 (SC)
S. 254(2A) : Appellate Tribunal–Stay–Stay of demand would not stand vacated after expiry of a period of 365 days, if delay in disposal of appeal was not attributable to assessee. [S. 254(1)]