TMI Blog2003 (12) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... DGMENT: The impugned petitions are preferred by the assessees in consequence to the recovery proceedings initiated by the Department in terms of the various notices which are placed on record in relation to the demands arising as a result of the assessment for the block period 1989 to 2001-02 in the entire group. 2. Briefly stated, the background leading to the impugned petitions can be summ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with the petition before us. The ostensible reason for such an action of the Revenue is an interpretation of the insertion of second proviso to s. 254(2A) of the Act, to the effect that if an appeal is not disposed of by the Tribunal within 180 days of the date of passing of the stay order, then the order of the Tribunal granting the stay of demand stands automatically vacated. Hence, the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, in the pending appeals there existed a prima facie case in favour of the assessee. Further, the counsel submitted that the six appeals of the assessees are already listed for hearing for23rd Dec., 2003which also indicates that no prejudice is caused to the Department if the stay is continued. 4. On the other hand, the learned Departmental Representative Sh. Prahlad Singh appearing on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the stay on the recovery of outstanding demands granted by the Tribunal vide its order dt.14th Aug., 2000, continues to be in force and the insertion of the second proviso to s. 254(2A) w.e.f.1st June, 2001, does not negate the same. Notwithstanding the aforesaid legal position, we are also conscious of the fact that certain appeals of the assessee group have already been decided in favour of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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