9911796707
TMI Blog2013 (7) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. Learned Additional Commissioner appearing on behalf of the department would submit that unconditional stay was granted on merits as well as on limitation in the year 2006. It is his submission that subsequently, the matter was finally heard by the Bench and there was difference of opinion and this order was passed in 2009 and the matter was referred to third Member for deciding the difference of opinion. It is his submission that till today many adjournments were sought by the assessee's counsel for some reason or the other. It is his submission that there is change in the circumstances inasmuch as the said difference of opinion would indicate that the department had got 50% chance of winning the issue on merits. It is also his submis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ended by this Bench and at that time also Revenue did not have any argument against the extension of the stay. Hence, there is no change in the situation as per the judgment of the Larger Bench in the case of IPCL. As regards the miscellaneous application filed by the Revenue, it is his submission that this application is seeking vacation of stay. It is his submission that when the matter is heard for final disposal by the Bench, by differing, there is always a chance for the assessee of winning the matter before the third Member. As regards the judgment of the Hon'ble High Court in the case of Madhusudan Industries Limited, it is his submission that the factual position in that case was that the assessee therein had notified the plant and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 PAN No. of the assessee 12 IEC no. of the assessee 13 Bank details of the assessee : (Please give details of all Banks in which assessee have account Account No. Name of the Bank with full address ACC/I ACC/II ACC/III 14 List of all movable assets of the assessee like four wheeler, two wheeler, gold etc. 15 List of immovable assets of the assessee like office, Residence, Permanent native residence, factory land & Bldg. etc. 16 Details of assessees Chartered Accountant (Name, address and phone no. of C.A.) 17 Address and details of the owner, in case the factory is on rented prem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . As regards the extension of stay, we find that the Larger Bench decision of the Tribunal in the case of IPCL specifically states that Revenue gets the liberty to bring to the notice of the Tribunal of any change in the circumstances, which can be considered by the Bench before granting extension of stay. Today also, we find that there is no change in the circumstances, inasmuch as that the extension was granted by the Bench to the assessee in August 2012, and the same circumstances exist as on today. 8. In view of the above, the applications for extension of stay are allowed in the light of the Larger Bench decision in the case of IPCL vs. C.C.E., Vadodara reported in 2004 (63) RLT 1 (Tri-LB) as upheld by the Hon'ble Supreme Court and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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