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We are of the considered view that in cases where there is stay of recovery of demand of tax, the Tribunal should deal with the appeals pending before it on a higher priority. The Tribunal should consider forming a separate list of such cases which should be heard on priority after arranging the cases on the basis of their seniority as well as the quantum involved in the stay.

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Section 254(2A) of the Income Tax Act, 1961 – Appeal – Appeal to appellate Tribunal– Tribunal should deal with the appeals pending before it on a higher priority; Tribunal is empowered to extend the stay of Recovery beyond the period of 365 days – Principal Commissioner of income tax vs. Nokia Solutions & Networks India P. ltd. [2020] 312 CTR (Delhi) 373

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