Mindful Methods Of Mass Dynamism

The provisions of the Income-Tax Act, 1961 (Act) originally conferred powers of the widest amplitude on the Income Tax Appellate Tribunal for dealing with appeals before it. Within the scope of such powers, also lies the supremacy or duty in proper cases to stay the recovery during the pendency of appeal. It has also now been long settled that exercising such powers of stay cannot be carried out in a routine manner and stay ought to be granted only if a strong prima facie case is made out in addition to factors like undue hardship and balance of convenience in favour of the taxpayer. The government has been gradually curtailing such powers of the Tribunal by imposing various boundaries within, which the stay can be granted. To begin with, by way of several amendments to Section 254(2A) of the Act, the Government made (rather unsuccessful) attempts to restrict the outer time limit till,...