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2015 (4) TMI 652 - ALLAHABAD HIGH COURT

2015 (4) TMI 652 - ALLAHABAD HIGH COURT - 2015 (321) E.L.T. 626 (All.) - Extension of stay order - Power of tribunal to extend stay beyond period of 365 days - Held that:- Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tribunal since a prima facie case was found in favour of the assessee. The Tribunal has also observed that the appeal has not been disposed of only on account of the pendency of several olde .....

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nd Sri Ashok Kumar for the opposite party. The appeal by the Revenue arises from an order of the Customs, Excise & Service Tax Appellate Tribunal dated 30 September, 2014. The Revenue in the present appeal has formulated the following questions of law:- "(i) Whether, the Hon'ble CESTAT erred in granting waiver of pre-deposit of assessed demand in favour of the respondents during pendency of the appeal or for unlimited period thereby granting the stay ignoring provisions to section 3 .....

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Kanpur has held that entire object and purpose of insertion of sub-section 2A in Section 35C by Section 140 of Finance Act, 2002(20 of 2002) w.e.f. 11.05.2002, and third proviso by finance Act, 2013 will stand defeated, if the waiver of pre-deposit is granted indefinitely. The judgment in Kumar Cotton Mills Pvt. Ltd. (Supra) cannot be interpreted to give powers to the Tribunal to extend the order of waiver of pre-deposit indefinitely. The appeal is admitted on these questions & is by consen .....

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he date of such order: Provided further that if such appeal is not disposed of within the period specified in the first proviso, the stay order shall, on the expiry of that period, stand vacated." In a similar case, in Commissioner, Customs and Central Excise Vs. M/s J.P. Transformers, which was decided by a Division Bench of this Court on 8 October 2013, the Division Bench referred to the decision of the Supreme Court in Commissioner of Customs and Central Excise, Ahmedabad Vs. Kumar Cotto .....

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ssee 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 the Tribunal to extend the period of stay except on good cause and only if the Tribunal is satisfied that the matter could not be heard an .....

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