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TMI Blog2024 (7) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... 19, INCOME TAX APPEAL NO. 1536 OF 2019 - - - Income Tax - Tribunal extending stay of demand beyond 365 days in the light of the provisions of Section 254 (2A) - HELD THAT:- The appeals before Tribunal in which the impugned interim order was passed granting extension of the stay of demand have been adjudicated, and therefore, for such reason these appeals have become infructuous. Be that as it may, even otherwise the question of law which has fallen for consideration in the present Appeals filed by the Appellant-Revenue, is no more res integra in view of the decision of Pepsi Foods (P) Ltd. [ 2015 (5) TMI 655 - DELHI HIGH COURT ] in which the Delhi High Court considered the validity of the provisions of the third proviso to Section 254 (2A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akash Shah i/b. PDS Legal. Mr. Hiten Thakkar, Ms Jasmin Amalsadvala a/w. Mr. Nishant Thakkar for the Respondent. P. C. 1. These Appeals raise the following common question of law:- Whether in the facts and circumstances of the case, the Tribunal was correct in law, in extending stay of demand beyond 365 days in the light of the provisions of Section 254 (2A) of the Income Tax Act, 1961? 2. Learned Counsel for the parties have fairly conceded that insofar as Income Tax Appeal No.585 of 2019 (Pr. Commissioner of Income Tax-1 Vs. Bennett Coleman Co. Ltd. (Times Infotainment Media Ltd. Now Merged); Income Tax Appeal No.1180 of 2019 (Pr. Commissioner of Income Tax-5 Vs. Mondelez India Foods Pvt. Ltd.); Income Tax Appeal No.1318 of 2019 (Pr. Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the disposal of appeal. The decision of the Delhi High Court was confirmed by the Supreme Court in the case of Deputy Commissioner of Income Tax Vs. Pepsi Foods Ltd. 2021(433) ITR 295 (SC). Thus in view of the authoritative pronouncement of the Delhi High Court and confirmed by the Supreme Court in Pepsi Foods (P) Ltd. (supra), no fault can be found in the impugned order passed by the Tribunal. 4. For the above reasons, these appeals would not give rise to the question of law, as sought to be raised on behalf of the Appellant-Revenue. 5. We may observe that similar issue had arisen for consideration of this Court in the case of Principal Commissioner of Income-tax-2 Vs. Fulford (India) Ltd. [2024] 164 taxmann.com 164 (Bombay), in which con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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