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Principal Commissioner Of Income Tax 6 vs M/S Nokia Solutions And Networks India ... on 11 February, 2019

Bench: A.K. Sikri, S. Abdul Nazeer

                                                             1

       ITEM NO.36                                 COURT NO.2                      SECTION XIV

                                       S U P R E M E C O U R T O F           I N D I A
                                               RECORD OF PROCEEDINGS

       SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 2802/2019

       (Arising out of impugned final judgment and order dated 14-05-2018
       in ITA No. 563/2018 passed by the High Court Of Delhi At New Delhi)

       PRINCIPAL COMMISSIONER OF INCOME TAX 6                                       Petitioner(s)

                                                            VERSUS

       M/S NOKIA SOLUTIONS AND NETWORKS INDIA
       PRIVATE LIMITED                                                              Respondent(s)

       (FOR ADMISSION and I.R. and IA No.22053/2019-CONDONATION OF DELAY
       IN FILING)

       Date : 11-02-2019 This petition was called on for hearing today.


       CORAM :

                               HON'BLE MR. JUSTICE A.K. SIKRI
                               HON'BLE MR. JUSTICE S. ABDUL NAZEER


       For Petitioner(s)                   Mr. K. Radhakrishnan, Sr. Adv.
                                           Mr. D.L. Chidananda, Adv.
                                           Mr. Sanjay Kumar Tyagi, Adv.
                                           Mr. B.K. Satija, Adv.
                                           Mrs. Anil Katiyar, AOR

       For Respondent(s)                   Ms. Rashi Khanna, Adv.
                                           Mr. Ankul Goyal, Adv.
                                           Mr. Yojit Pareek, Adv.


                                UPON hearing the counsel the Court made the following
                                                   O R D E R

Delay condoned.

The question is whether the Income Tax Appellate Tribunal Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2019.02.11 ("ITAT") has power to grant stay beyond 365 days. It is submitted 17:47:49 IST Reason:

by learned counsel for the respondent that the extension given by the ITAT has expired and, therefore, this matter has become  2 infructuous.

In view of the aforesaid submission made by the learned counsel, this Special Leave Petition is dismissed as having become infructuous, leaving the question of law open. Pending applications, if any, stand disposed of.

(SUSHIL KUMAR RAKHEJA)                                     (RAJINDER KAUR)
     AR-CUM-PS                                              BRANCH OFFICER