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of <h1>Dismissal of Special Leave Petition Leaves Legal Question Open for Future Consideration</h1> <h3>Dy. Commissioner of Income Tax And Another Versus Pepsi Foods (P) Ltd. (Now Pepsico India Holdings Pvt.)</h3> The SC dismissed the Special Leave Petition as infructuous due to intervening developments and disposed of the main matters, leaving the question of law ... Constitutional validity of the third proviso to Section 254(2A) challenged - grant extension of stay beyond 365 days - Held that:- In view of the intervening developments whereby the main matters have been disposed of, this Special Leave Petition has been rendered infructuous. As delay in disposing of the appeal is not attributable to the assessee, the Tribunal has the power to grant extension of stay beyond 365 days in deserving cases. - Decided in favour of assesse. HC ref case - 2015 (5) TMI 655 - DELHI HIGH COURT The Supreme Court dismissed the Special Leave Petition as infructuous due to intervening developments and disposed of the main matters. The question of law was left open for future consideration, and the petitioner can pursue any grievance regarding subsequent orders.
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