TMI Blog2009 (4) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... i, DR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President (Oral)]. Heard. 2. These applications have been filed for early hearing of the matters on the ground that the same involve Government revenue - in one case duty amount to the tune of Rs. 1,76,10,163/- and penalty amount of Rs. 5,25,00,000/-, besides modvat credit amount of Rs. 7,23,08,761/-; and in another m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of 180 days from the date of such order, and second proviso states that, if such appeal is not disposed of within a period, specified in the first proviso, the stay order shall on expiry of that period, stand vacated. 5. Plain reading of Section 35C(2A), therefore, would disclose that, every endeavour should be made by the Tribunal to dispose of the appeal filed before it within a period of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that, stay order was passed on the basis of the application filed by the appellant wherein prayer for grant of waiver of pre-deposit of duty, penalty and interest till the disposal of the appeal and grant of personal hearing was prayed for. 8. The order dated 16th October, 2007 neither states that the stay has been granted till the disposal of the appeals nor it says that the waiver was to re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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