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2014 (6) TMI 415 - AT - Central ExciseExtension of stay granted - Cross appeal by revenue for vacation of stay order - Section 35C(2A) - Held that:- Hon’ble Supreme Court in the context of insertion of sub-section (2A) of Section 35C of the Act provided that if such appeal is not disposed of within the period specified in the first proviso, the stay order shall on the expiry of that period, stand vacated, observed that sub-section which was introduced in terrorem cannot be construed as punishing the assessees for matters which may be completely beyond their control. In the present case, appeal was not disposed of within the stipulated period as specified in Section 35C and therefore vacating the stay order amounts to punishing the assessee. We find that the decision of the Hon’ble Supreme Court was not placed before the Tribunal while passing the Misc. Order dated 5-6-2012 and therefore the said order is not applicable in the present case - Extension of stay granted.
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