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2014 (7) TMI 878 - HC - Central ExciseExtension of stay - third proviso to sub-section (2A) of Section 35C - power to extend the stay beyond the period that has been prescribed - Held that:- The appeal was listed before the Tribunal on diverse dates and it was the inability of the Bench of the Tribunal to dispose of the appeal which has led to the appeal remaining pending on the file. Hence, we are of the view that it would be a travesty of justice to saddle the petitioner with the consequence of the unconditional stay being vacated because of the inability of the Tribunal to dispose of the appeal. - stay extended - department not to pursue recovery proceedings - decided in favor of assessee.
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