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2018 (6) TMI 1641 - AT - Income TaxExtension of the stay originally granted - stay beyond the aggregate period of 365 days - section 254(2A) validity - HELD THAT:- The Hon’ble Delhi High Court in Pepsi Foods Pvt. Ltd vs. ACIT [2015 (5) TMI 655 - DELHI HIGH COURT] has held that the third proviso to section 254(2A) is constitutionally invalid. The net effect of this judgment is that if the appeal could not be disposed of by the Tribunal for no fault of the assessee, then the power vests with the Tribunal to extend the stay beyond the aggregate period of 365 days. On merits, it is indisputably found that the terms of stay originally granted have been duly complied with. The appeal could not be finally heard for one reason or the other, but, for no fault of the assessee. Considering the entirety of the facts and circumstances of the instant case, we are inclined to grant extension of stay for a further period of six months from today or till the disposal of the appeal, whichever is earlier. The appeal is stated to be fixed for hearing on 19.7.2018. Stay application is allowed.
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