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2014 (10) TMI 803 - PUNJAB & HARYANA HIGH COURTWaiver of pre deposit - Extension of stay order - Tribunal allowed the stay application unconditionally while dispensing with the condition of pre-deposit of the entire amount of duty, interest and penalty - Whether the Tribunal is correct in granting indefinite stay of proceedings to the recovery of Govt. dues as adjudicated by the competent authority, contrary to the time limit prescribed under the provisions of the Central Excise Act, 1944 - Held that:- No doubt similar provision under Income Tax Act, 1961 or under this Act had been interpreted in favour of the revenue in the pronouncements cited by the learned counsel for the revenue. In the absence of any finding that the delay was attributed to the assessee, learned counsel for the revenue was not able to demonstrate that the assessee was responsible in delaying the decision of the appeal in any manner. Further, in M/s Maruti Suzuki (India) Limited [2014 (2) TMI 1037 - DELHI HIGH COURT] and M/s J.P. Transformers, Kanpur's case (2013 (10) TMI 1194 - ALLAHABAD HIGH COURT), the grant of ad interim stay was not vacated but the Tribunal was directed to decide the appeal expeditiously. - Tribunal to make sincere efforts for expeditious disposal of the appeal preferably within six months - Decided in favour of Revenue.
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