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Does Tribunal have power to grant stay beyond period of 365 days prescribed in Act?
Case Law Details
- Case Name
- Pepsi Foods Pvt. Ltd Vs ACIT (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Reliance in this regard can be placed on the decision of Hon’ble Delhi High Court in case of Pepsi Foods Private Limited vs. ACIT [W.P.(C) 1334/2015] pronounced on 19-05-2015 wherein the petitioner has challenged the constitutional validity of Section 254(2A) of the Income Tax Act, 1961 (here-in-after referred to as ‘the Act’). The said section provides that Tribunal cannot extend the period of stay for a period exceeding 365 days from the initial grant of stay even if the delay in disposing off the appeal is not attributable to the assessee.
The petitioner pleaded that ...
