VidhiSangh

Supreme Court of India · 06/04/2021

DEPUTY COMMISSIONER OF INCOME TAX & ANR. versus M/S. PEPSI FOODS LTD. (NOW PEPSICO INDIA HOLDINGS PVT. LTD.)

[2021] 4 S.C.R. 1 · 2021 INSC 227

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Summary

The Supreme Court upheld the invalidation of automatic vacation of an Income Tax Appellate Tribunal stay after 365 days where the assessee did not cause the delay. Treating responsible and blameless assessees alike was discriminatory and manifestly arbitrary, including where the Revenue or Tribunal caused the delay. The third proviso to section 254(2A) was to be read without the specified words, so vacation under it depends on delay attributable to the assessee.

Issues

  1. Whether automatic vacation of a stay despite delay not attributable to the assessee violates Article 14.

Provisions considered

Held

Result

Revenue appeals dismissed. Delhi High Court’s declaration and following High Court judgments upheld; third proviso to section 254(2A) to operate with the specified words removed.

Judgment PDF: Supreme Court of India, [2021] 4 S.C.R. 1.