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2013 (9) TMI 778 - HC - Central ExciseAssessee filed an application for stay of the order - Tribunal granted stay of recovery vide Stay Order - subject to the assessee making a pre-deposit of 1/5th of the total amount of duty - Held that:- While the Tribunal may have the power to extend the stay, that power should be exercised in a reasonable or proper manner and on consideration. There is no indication in the impugned order that the requirements have been kept in mind or has been examined before extending the stay and also the need for safeguarding the interest of the revenue and for balancing the interest of the revenue and the assessee - order of the Tribunal is not sustainable - Tribunal could not have extended the stay order without recording the reasons and noticing the circumstances etc - The impugned order of the Tribunal is set aside and the matter is remanded to the Tribunal for fresh consideration of the application filed by the assessee and to pass orders on merits and on relevant consideration as is indicated in the 2nd proviso to Section 35C(2A) - Following decision of COMMISSIONER OF CENTRAL EXCISE, MANGALORE –vs- INDIAN OIL CORPORATION [2010 (8) TMI 212 - KARNATAKA HIGH COURT] - Decided in favour of Revenue.
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