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2014 (7) TMI 829 - AT - Service TaxExtension of stay order - power of tribunal to extend stay beyond 365 days - appeals could not be disposed of within time specified in Section 35C (2A) - Held that:- High Court ruling in Maruti Suzuki (2014 (2) TMI 1037 - DELHI HIGH COURT), declare this legal position, 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 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. Delhi High Courts distinguished the judgement of the Bombay High Court in Income Tax Vs. Ronak Industries - [2010 (11) TMI 461 - Bombay High Court] which followed its earlier judgment in Narang Overseas P. Ltd. Vs. ITAT & Others - [2007 (7) TMI 5 - HIGH COURT, BOMBAY] - Extension of stay denied.
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