2017 (3) TMI 1855

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..... 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 entiret .....

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..... y in disposing of the appeal has not occurred due to the assessee. It was, therefore, prayed that the stay hitherto granted may be extended. The ld. DR opposed the extension of stay. 3. We have heard the parties and perused the relevant material on record. The Hon ble Delhi High Court in Pepsi Foods Pvt. Ltd vs. ACIT (2015) 376 ITR 87 (Del) has held that the third proviso to section 254(2A) is .....

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