Delay condoned; Special Leave Petition dismissed as infructuous with the question of law left open; Pending applications disposed of.

Delay in the case has been condoned. The main issue revolves around whether the Income Tax Appellate Tribunal (ITAT) has the authority to grant a stay beyond 365 days. The respondent's counsel argues that the extension granted by the ITAT has already expired, making the matter irrelevant. Considering this submission, the Special Leave Petition is dismissed as it has become infructuous, but the question of law remains open for future consideration. Any pending applications in the case are also disposed of accordingly.

(SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR)

Delay condoned.

The question is whether the Income Tax Appellate Tribunal ("ITAT") has power to grant stay beyond 365 days. It is submitted by learned counsel for the respondent that the extension given by the ITAT has expired and, therefore, this matter has become 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