TMI Blog2014 (6) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... d of within the period specified in the first proviso, the stay order shall on the expiry of that period, stand vacated, observed that sub-section which was introduced in terrorem cannot be construed as punishing the assessees for matters which may be completely beyond their control. In the present case, appeal was not disposed of within the stipulated period as specified in Section 35C and theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the assessee submits that in view of the Hon ble Supreme Court decision in the case of Commissioner of Customs C. Ex., Ahmedabad v. Kumar Cotton Mills Pvt. Ltd. - 2005 (180) E.L.T. 434 (S.C.), stay should be extended as the appeal was not heard within the stipulated period. 3. On the other hand, ld. AR for Revenue relies upon the decision of the Tribunal in the case of CCE, Chennai-I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rative exigencies for which the assessee cannot be held liable, the stay applications are not disposed within the time specified. The reasoning of the Tribunal expressed in the impugned order and as expressed in the Larger Bench matter, namely, IPCL v. Commissioner of Central Excise, Vadodara (supra) cannot be faulted. However we should not be understood as holding that any latitude is given to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposed of within the total period of three hundred and sixty-five days from the date of order referred to in the first proviso, the stay order shall, on the expiry of the said period, stand vacated. It is seen that the Hon ble Supreme Court in the context of insertion of sub-section (2A) of Section 35C of the Act provided that if such appeal is not disposed of within the period specified in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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