Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
"13. Section 255 (5) of the Act does empower
the Appellate Tribunal to regulate its own procedure,
but it is very doubtful if the power of stay can be spelt
out from that provision. In our opinion the Appellate
Tribunal must be held to have the power to grant stay
as incidental or ancillary to its appellate jurisdiction.
This is particularly so when section 220 (6) deals
expressly with a situation when an appeal is pending
before the Appellate Assistant Commissioner, but the
Act is silent in that behalf when an appeal is pending
before the Appellate Tribunal. It could well be said
that when section 254 confers appellate jurisdiction,
it impliedly grants the power of doing all such acts,
or employing such means, as are essentially
necessary to its executions and that the statutory
power carries with it the duty in proper cases to make
such orders for staying proceeding as will prevent the
appeal if successful from being rendered nugatory.