Automatic vacation of stay order after expiry of 365 days is not permissible
Last updated: 13 April 2021
Court :
Supreme Court of India
Brief :
The Hon'ble Supreme Court in Deputy Commissioner of Income Tax v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon'ble Delhi High Court's verdict of partially striking down third proviso to Section 254(2A)of the Income Tax Act, 1961 ('IT Act') which did not permit extension of a stay on tax assessment beyond 365 days even if the assessee is not responsible for delay in hearing of appeals by terming it as 'arbitrary and discriminatory'.
Citation :
Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021
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Bimal Jain
Published in GST
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