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2015 (7) TMI 753 - HC - Central ExciseExtension of stay order - Power of Tribunal to extend stay beyond the period of 365 days - Held that:- The decision in Pepsi Foods [2015 (5) TMI 655 - DELHI HIGH COURT] was delivered two weeks after the decision of the coordinate Division Bench of this Court in CCE v. Haldiram India Pvt. Ltd. In terms of the judgment in Pepsi Foods the CESTAT would, even in terms of the third proviso to Section 35 C (2A) of the Act, not be denuded of the power to extend the stay beyond 365 days in deserving cases. This is however, contrary to the judgment of the coordinate Division Bench in CCE v. Haldiram India Pvt. Ltd [2015 (7) TMI 720 - DELHI HIGH COURT]. This Court, being a coordinate Bench of equal strength is therefore constrained to refer to a larger Bench the question of correctness of the decision (Commissioner of Central Excise v. Haldiram India Pvt. Ltd.) - Matter placed before Chief Justice for constitution of a larger Bench to consider the subject question - Appeal dispose of.
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