TMI Blog2014 (8) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... legislative prescription that if the appeal is not disposed of under the first proviso of the Section or within the period or periods extended under the second proviso, which shall not in any case exceed 365 days, the stay order, after expiry of that period shall stand vacated - present appeal is of the year 2008. Several older appeals preferred under the provisions of Central Excise Act, 1944 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition of pre-deposit of the specified amount and subject to such compliance, balance liability was waived and recovery thereof stayed till disposal of the appeal, 2. As a period of 365 days has elapsed from the date of granting of stay i.e. 30.1.2012, this application is filed seeking extension of operation of the stay order, in terms of the principles spelt out by the Supreme Court in Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in disposal of this appeal is not therefore attributable to the assessee. 5. However in the light of rulings of the Karnataka and the Delhi High Courts in C.I.T., Bangalore vs. M/s ECOM Gill Coffee Trading Pvt. Ltd. in Income Tax Appeal No.160 and 161 of 2012 and in C.I.T -II vs. M/s Maruti Suzuki (India) Limited in Writ Petition No.5086/2013 and in CIT-I vs. Income Tax Appellate Tribunal Anr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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