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TMI Blog2024 (6) TMI 1029X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned part of the third proviso to Section 254 (2A), which did not permit extension of stay of the said order beyond 365 days, even if the assessee was not responsible for delay in appeal. Such decision of the Delhi High Court was assailed by the revenue before the Supreme Court in the case of Pepsi Foods Ltd. [ 2021 (4) TMI 369 - SUPREME COURT] In view of the authoritative pronouncement of Supreme Court interpreting the third proviso to Section 254 (2A) inserted by the Finance Act, 2008, we find that the question of law as urged for consideration, stands squarely answered by such decision of the Supreme Court. The appeal, therefore, cannot be entertained. It is accordingly disposed of upholding the orders passed by the tribunal. - G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar, learned Counsel for the appellant revenue has fairly stated that the question of law as raised, is no more res integra in view of the decision of the Supreme Court in the case Deputy Commissioner of Income Tax. Vs. Pepsi Foods Ltd. 2021(433) ITR 295(SC) which had arisen from the decision of the Delhi High Court in the case Pepsi Foods (P) Ltd. Vs. Assistant Commissioner of Income-tax (2015) 57 taxmann.com 337 (Delhi). 3. We have perused these decisions as placed on record. We have perused the impugned order. The issue in the proceedings before the Delhi High Court had arisen in the context of the power to grant stay which had arisen on the interpretation of the provisions of the third proviso to Section 254 (2A) and the amendment in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue are, therefore, dismissed. (emphasis supplied) 4. In view of the authoritative pronouncement of Supreme Court interpreting the third proviso to Section 254 (2A) inserted by the Finance Act, 2008, we find that the question of law as urged for consideration, stands squarely answered by such decision of the Supreme Court. 5. The appeal, therefore, cannot be entertained. It is accordingly disposed of upholding the orders passed by the tribunal. 6. No costs. INCOME TAX APPEAL NO. 1682 OF 2018 7. This appeal filed by the revenue assailing the order dated 11 August 2017 is also required to be disposed of in terms of our aforesaid observations made in Income Tax Appeal No. 1676 of 2018. It is accordingly disposed of. No costs. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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