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Pr. Commissioner Of Income Tax, Gurgaon vs M/S Sun Life India Service Centre ... on 10 January, 2017
cites
Article 14 in Constitution of India [Constitution]
The Finance Act, 2018
Section 253 in The Income Tax Act, 1961 [Entire Act]
Section 35C in The Income Tax Act, 1961 [Entire Act]
Pepsico India Holdings Private Limited vs Assistant Commissioner Of Income Tax & ... on 14 August, 2014
In Pepsi Foods Pvt. Limited now merged with
Pepsico India Holding Pvt. Limited vs. Assistant
Commissioner of Income Tax and another, 2015-TIOL-
1306 HC-DEL-IT, the challenge was to the constitutional
validity of third proviso to Section 254(2A) of the
Income Tax Act, 1961 which was amended to mean that
the Tribunal could not grant any further extension of the
stay after expiry of 365 days even though the appeals
filed by the assessee before the Tribunal were pending
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ITA-408-2016 (O&M) -4-
and the delay in the disposal of the appeals was not on
account of any conduct attributable to the assessee. After
considering the relevant statutory provisions and the case
law on the point, it was held that the Tribunal has the
power to grant extension of stay beyond 365 days in
deserving cases. The relevant observations recorded read
thus:-
Commissioner Of Central Excise ... vs Kumar Cotton Mills (P) ... on 10 November, 2014
16. The Apex Court in Commissioner of Customs &
Central Excise, Ahmedabad vs. Kumar Cotton Mills
Pvt. Limited, (2005) 180 ELT 434, interpreting sub
section 2A of Section 35C of the Act as introduced on
11.5.2002 had noticed as under:-