Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The High Court addressed the issue of extending stay beyond 365 ...


High Court ruled on extending stay beyond 365 days by ITAT. SC uphold the earlier decision; appeal cannot be entertained.

Case Laws     Income Tax

June 24, 2024

The High Court addressed the issue of extending stay beyond 365 days by ITAT under the third proviso to Section 254(2A) with the 2008 Finance Act amendment. The amendment allowed for extension even if delay isn't the assessee's fault. The Delhi High Court initially invalidated the provision, but the Supreme Court upheld it in the Pepsi Foods Ltd. case. The High Court found the matter settled by the Supreme Court's ruling, upholding the tribunal's decision and dismissing the appeal.

View Source

 


 

You may also like:

  1. Extension of stay order - tribunal has no power to extend stay beyond the period of 365 days - Discretionary power vests with the HC - Article 226 of the Constitution - HC

  2. Extension of stay of demand beyond the period of 365 days - on expiry of every 180 days, the appellant / assessee is required to make an application to extend stay...

  3. Tribunal power under the Act to extend the stay of demand in the appeals pending before it beyond the period of 365 days - Nothing has been shown to us as to why when...

  4. Power of tribunal to extend the stay beyond the period of 365 days - Once the proviso to Section 35C(2A) of the Act has been omitted, the embargo upon the Tribunal to...

  5. Tribunal has the power to extend stay beyond the period of 365 days - decision of the Division Bench in Haldiram India Pvt. Ltd. overruled - HC(FB)

  6. Appellate Tribunal has committed a positive error in consciously extending the interim order of stay granted in the pending appeal beyond the period of 365 days - HC

  7. Extension of stay - third proviso to sub-section (2A) of Section 35C - power to extend the stay beyond the period that has been prescribed - stay extended - HC

  8. Extension of stay beyond the period of 365 days - Power of Tribunal to extend stay - No law can be so unfair as to say that if the Court/Tribunal is at fault, the...

  9. Extension of stay beyond 180 days or 365 days - Pendency of the appeals are not on account of any conduct of the appellants but on account of pendency of a large number...

  10. Seeking extension of stay already granted - the assessee is entitled for stay of demand even though it exceeds the period beyond the 365 days and we have already stated...

  11. Power to grant stay u/s 254(2A) of the Act – Stay to be granted beyond 365 days – Section 254(2A) does not prohibit/bar the High Court from issuing appropriate...

  12. Constitutional validity of the third proviso to Section 254(2A) - Vacation of stay order after 365 days - discrimination - where the delay in disposing of the appeal is...

  13. Power of tribunal to grant stay beyond the total period of 365 days - on expiry of maximum period of 180 days the assessee / appellant is required to submit application...

  14. Power of tribunal to grant stay beyond the total period of 365 days -on expiry of maximum period of 180 days the assessee / appellant is required to submit application...

  15. Extension of stay order - the order of the Tribunal insofar as it directs that the interim order would continue till the decision of the appeal must be read to mean that...

 

Quick Updates:Latest Updates