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THE INFORMATION TECHNOLOGY ACT, 2000

An Act to provide legal recognition for transactions carried out by means of

electronic data interchange
and other means of electronic communication,
commonly referred to as "electronic commerce",

which involve the use of alternatives to paper-based methods of communication and storage of information,

to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code,

the Indian Evidence Act, 1872,

the Bankers' Books Evidence Act, 1891
and the Reserve Bank of India Act, 1934

and for matters connected therewith or incidental thereto.

REVENUE'S CONTENTION

The contention of the Department is that the 3rd proviso has made is amply clear that the reason for non-disposal of the main appeal within a period of 365days, whether it is attributable to the assessee or otherwise, and even if it is not attributable to the assessee, nevertheless, the intreim order of stay granted by the Tribunal stands automatically vacated by operation of the statute and in the wake of the intention of the legislature coupled with the second proviso, it is obvious that the Tribunal is positively mandated not to pass orders having effect of extending an intriem order of stay beyond the maximum period of 365 day.