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2022 (2) TMI 187 - HC - Income TaxStay beyond a period of 365 days - scope of provision of IT Act stipulated in Sec.254(2A) read with the provision thereto - HELD THAT:- Hon'ble Supreme Court in Deputy Commissioner of Income tax v. Pepsi Foods Ltd. [2015 (5) TMI 655 - DELHI HIGH COURT] has ruled that “any order of stay shall stand vacated after the expiry of the period mentioned in the section 254(2A), only if the delay in disposing of the appeal is attributable to the assessee” and the same is applicable to the facts of the present case, in favour of the assessee. Tribunal was of the opinion that the application under consideration is liable to be succeeded, having regard to the fact that the delay in disposing of the appeal is not attributed to the appellant in any manner whatsoever, we have no hesitation to decide the substantial question of law in favour of the assessee. Accordingly, we dismiss the tax case appeal against the revenue.
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