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2014 (11) TMI 452 - HC - Central ExcisePower of tribunal to grant stay beyond the total period of 365 days - extension of stay granted earlier - extension order should be speaking or not - whether the Tribunal has power to extend the stay beyond the period prescribed under the proviso to section 35C(2A) of the Act - Held that:- In view of the decision in case of Commissioner vs. Small Industries Development Bank of India (2014 (7) TMI 738 - GUJARAT HIGH COURT) it can be concluded that the Tribunal did not lack the power to extend stay beyond 365 days from the initial date of granting stay. However, if the stand of the revenue is that such extension was without recording reasons or without passing speaking order as required by the decision of this Court in case of Commissioner vs. Small Industries Development Bank of India (2014 (7) TMI 738 - GUJARAT HIGH COURT) it would be open for the Department to move a rectification application before the Tribunal - As the Tribunal is expected to consider the individual case and pass a speaking order as to whether the delay can be attributed to the respondentassessee or not, in whose favour the stay is granted in the event the assessee contributed to such delay, the extension of stay is not to be made automatic. - Appeal disposed of.
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