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TMI Blog2020 (5) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... n its favour as far as granting extension of stay against the recovery of balance outstanding demand is concerned. The stay of demand can be granted to the applicant for a period exceeding 365 days as held by the Hon ble Delhi High Court in the Case of Maruti Suzuki India Ltd. [ 2014 (2) TMI 1037 - DELHI HIGH COURT] and in the case of Pepsi Foods (P.) Ltd. [ 2015 (5) TMI 655 - DELHI HIGH COURT] Coming to the next stand of the Ld.DR for the Revenue as to application of amended provisions Of section 254(2A) Of the Act. The said provisions have been inserted by the Finance Act, 2020 w.e.f. 01.04.2020. The present case is of extension of stay and we are Of the view that the said provisions cannot be invoked in the present stay petition of exten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed its re-joinder against the same. It was further submitted by the Ld.AR that the total turnover of the applicant was ₹ 65 crores and the concerns like Infosys BPO Ltd. & Eclerx Services Ltd. if excluded, then the margins of the applicant would be within (+/-) 5% of the total margins of comparables and there would not be any need to go into the aspect of the applicant was a BPO or KPO. He also pointed Out that two additions have been made one is on account of TP adjustment of ₹ 5.47 crores and the second of ₹ 2,62,072/- u/s 37(1) of the Act. He pointed out that the last stay order Was passed on ()9.03.2020, which has now expired and there is urgency for granting stay. 3. The Ld. DR for the Revenue strongly opposed the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding demand is concerned. The stay of demand can be granted to the applicant for a period exceeding 365 days as held by the Hon'ble Delhi High Court in the Case of Maruti Suzuki India Ltd. 120141 362 ITR 215 and in the case of Pepsi Foods (P.) Ltd. vs ACIT 376 ITR 87 (Del.) 6. Now coming to the next stand of the Ld.DR for the Revenue as to application of amended provisions Of section 254(2A) Of the Act. The said provisions have been inserted by the Finance Act, 2020 w.e.f. 01.04.2020. The present case is of extension of stay and we are Of the view that the said provisions cannot be invoked in the present stay petition of extension of stay. Accordingly, we stay the recovery of outstanding demand for a period of 180 days or till the dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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