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2015 (7) TMI 311 - CESTAT BENGLALORE

2015 (7) TMI 311 - CESTAT BENGLALORE - TMI - Extension of stay order - Held that:- stay orders passed by this Tribunal are in force beyond 7.8.2014 and therefore, it would continue till the disposal of the appeals. Therefore, as held by the Tribunal, there is no need for filing any further applications for extension of the orders granting stay either fully or partially in these cases. - Decision in the case of Venkateshwara Filaments Pvt. Ltd. & Others vs. Commissioner of Central Excise and Serv .....

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Respondent : Shri N. Jagdish, Superintendent ORDER Per : ARCHANA WADHWA In all these cases, miscellaneous applications have been filed seeking extension of stay granted earlier since period of 180/185 days from the date of granting stay is over. In the normal course, we have simply extended the period of stay after verifying whether delay is occurring because of the appellants or not, in view of heavy pendency with Bangalore Bench of the Tribunal. However, today when the matter was called, it w .....

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sing the applications for extension of stay from 7.8.2014. In the absence of any provisions for hearing and disposing applications for extension of stay, we find that the applications made by the appellants herein have to be disposed of as such; (2) At the same time it would also mean that after initial granting of stay by the Tribunal, order does not get lapsed. Omission of 1 st , 2 nd and 3 rd proviso would mean that the appeal filed by an assessee needs to be disposed of within a period of 3 .....

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