9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 705 - SCH - Income TaxExtension of stay on recovery - stay being in excess of 365 days - Constitutional validity of the third proviso to Section 254(2A) - automatic vacation of a stay as granted on the completion of 365 days HELD THAT - As submitted at the Bar that ITA has been disposed of by the Income Tax Appellate Tribunal, 2023 (5) TMI 508 - ITAT MUMBAI and, therefore, this petition has been rendered infructuous since the benefit of the impugned order was available to the respondent/assessee during the pendency of the proceedings before the ITAT. In the circumstances, the Special Leave Petition would not survive for consideration on merits and hence is disposed of accordingly. Even otherwise, it was also brought to our notice that the issue which arises in this petition has been covered by a judgment of this Court in the Case of Deputy Commissioner of Income Tax Anr. V/s. Pepsi Foods Limited (Now Pepsico India Holdings Private Limited) reported in ( 2021 (4) TMI 369 - SUPREME COURT )
Issues involved: Disposal of ITA No.216/CHANDI/2011 by ITAT, rendering the petition infructuous; Reference to a judgment of the Supreme Court in the case of Deputy Commissioner of Income Tax & Anr. V/s. Pepsi Foods Limited.
Judgment Summary: The Supreme Court heard the counsel and noted that ITA No.216/CHANDI/2011 had been disposed of by the Income Tax Appellate Tribunal, Mumbai Bench "1-2" on 16.03.2023. As a result, the petition had become infructuous since the respondent/assessee had already benefited from the impugned order during the ITAT proceedings. Therefore, the Special Leave Petition was found not sustainable for consideration on merits and was disposed of accordingly. Furthermore, it was highlighted that the issue raised in the petition had already been addressed in a previous judgment of the Supreme Court in the matter of Deputy Commissioner of Income Tax & Anr. V/s. Pepsi Foods Limited, as reported in (2021) 7 SCC 413. In light of this, the Special Leave Petition was also disposed of, and any pending application(s) were deemed to be disposed of as well.
|
