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2014 (7) TMI 747 - AT - Service TaxTribunal's power to grant Stay beyond 365 days - matter referred to Larger Bench - Tribunal had earlier concluded that CESTAT had no jurisdiction to extend operation of a stay beyond the period of 365 days of the initial grant, in view of provisions of the 3rd proviso to Section 35C(2A) of the Central Excise Act, 1944 - Held that:- prima-facie case warranting reconsideration of the conclusion recorded in in appeals preferred by M/s Rajasthan State Industrial Development & Investment Corporation Limited [2014 (7) TMI 621 - CESTAT NEW DELHI], in the light, of the fact that the language of the third proviso to Section 35C(2A) of the 1944 Act the third proviso to Section 254(2A) of the Income Tax Act, 1961, is distinct and this distinction has a bearing on the interpretation of the 3rd proviso to Section 35C(2A) of the 1944 Act. Since we discern a strong prima-facie case in support of the proposition that the Tribunal has the power to grant extension of stay beyond the period of 365 days from the initial grant of stay (wherever the delay in disposal of an appeal is not on account on any fault of the assessee), inter-alia , in the light of the decision of the Bombay High Court in Narang Overseas (P) Ltd., (2007 (7) TMI 5 - HIGH COURT, BOMBAY), we direct the respondents in the application/appeal not to take any coercive steps for realisation of the assessed liabilities, till disposal of the issue referred hereby to the Larger Bench.
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