Tata Cummins (P.) Ltd. v. DCIT (2024) 208 ITD 46/230 TTJ 676/240 DTR 73 (Ranchi)(Trib.)

S. 254(2A): Appellate Tribunal-Stay-Pendency of rectification application before DRP-Tribunal has power to extend stay even beyond period of 365 days if proceedings are delayed for reasons not attributable to assesse.[S. 144C, 254(1)

Held that  a rectification application before DRP which had not been disposed of till date and delay in disposal of said rectification application could not be attributed to any malafide conduct of assessee, stay on recovery of demand is to be granted. The Tribunal has power to extend stay even beyond period of 365 days if proceedings are delayed for reasons not attributable to assessee.(AY. 2016-17)

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