TMI Blog2014 (7) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... n, unequivocally; and after analysis of the amended provisions of the Income Tax Act (which are in pari materia provisions of the Excise Act) and duly considering the judgement of the Supreme Court in Kumar Cotton Mills Pvt. Ltd. [2005 (1) TMI 114 - SUPREME COURT OF INDIA] - In light of exposition of the legal position qua the judgement in Maruti Suzuki, it must be concluded that the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposed of within time specified in Section 35C (2A) of the Central Excise Act, 1944 and for no fault of the petitioner/appellants. 2. Stay applicationsin the two appeals were disposed of by a common order, directing pre-deposit of ₹ 3 lakhs and ₹ 6 lakhs and to report compliance on 16.4.2013, subject to compliance realisation of balance demand was stayed, during pendency of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income Tax Act, 1961 (including the amendments introduced thereto by the Finance Acts, 2007 and 2008), provisions being in pari materia provisions of Section 35C(2A) of the Central Excise Act, 1944, Tribunals (whether the ITAT or the CESTAT) are denuded of the power to grant of extension of an order of stay beyond the tenure limits specified in the relevant provision even where delay in disposal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the judgement of the Supreme Court in Kumar Cotton Mills Pvt. Ltd. In light of exposition of the legal position qua the judgements in Bose Corporation and Maruti Suzuki, it must be concluded that the provisions of Section 35C (2A) of the Central Excise Act eviscerate the power of (CESTAT) to extend operation of a stay granted and extended beyond a total period of 365 days. Both the Karnata ..... X X X X Extracts X X X X X X X X Extracts X X X X
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