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2014 (12) TMI 778 - HC - Central ExcisePower of Tribunal to extend stay beyond the period of 365 days - non-speaking order for extension of stay - Whether in the facts and circumstances of the case, the Tribunal has committed substantial error of law in granting extension of stay beyond 365 days by ignoring specific provision contained in third proviso to section 35C(2A) of the Central Excise Act, 1944 - Held that:- Following decision of Commissioner Versus Small Industries Development Bank of India [2014 (7) TMI 738 - GUJARAT HIGH COURT] - Question No.1 is held in favour of the assessee and against the revenue and Question No.2 is answered in favour of the revenue and against the assessee. The matter is remanded to the learned Appellate Tribunal to pass a fresh speaking order on the application submitted by the assessee to extend the stay granted earlier - Decided partly in favour of Revenue.
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