Corning Sas India Branch Office v. Deputy Director Of Income Tax, & Anr

$~44 *IN THE HIGH COURT OF DELHI AT NEW DELHI +W.P.(C) 2538/2015 & CM 4543/2015 CORNING SAS INDIA BRANCH OFFICE..... PetitionerThrough :Ms Kavita Jha with Mr Vivek Bansal versus DEPUTY DIRECTOR OF INCOME TAX, & ANR..... RespondentsThrough :Mr Kamal Sawhney with Mr Shekhar Garg CORAM:HON'BLE MR. JUSTICE BADAR DURREZ AHMEDHON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R%13.03.2015 Issue notice. Notice is accepted by the learned counsel appearing on behalf of therespondents. The only issue raised here is with regard to the extension of stay under theproviso to section 254(2A) of the Income-tax Act, 1961. It is clear that, in view of adecision of a Division Bench of this court inCIT v. Maruti Suzuki (I) Ltd -W.P.(C)5086/2013 decided on 21.02.2014, the Income Tax Appellate Tribunal does not haveany power to extend the period of stay beyond 365 days from the initial date of grantof stay. In the appeal pending before the Tribunal (ITA 1129/Del/2014) the initial staywas granted on 14.03.2014 and was extended from time to time. The last extensionwas granted on 19.09.2014 till the disposal of the appeal or a period of 180 dayswhichever was earlier. We are informed that the appeal was heard and the next dateof hearing is 19.03.2015. It is for this reason that an extension of the stay has beensought. By virtue of the said decision in theMaruti Suzuki(supra) it had been clearlystipulated that while the Tribunal did not have the authority to extend stay beyond the period of 365 days, the High Court had the power to do so in deserving cases. In ourview this is one of those cases.Consequently, we extend the stay granted by theTribunal earlier till the disposal of the appeal by the Tribunal.We hope that theappeal shall be disposed of expeditiously by the Tribunal. The writ petition stands disposed of. Dasti. BADAR DURREZ AHMED, J MARCH 13, 2015SR SANJEEV SACHDEVA, J