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Interroll Ics Toll Management Company P. Ltd Versus Commissioner of Central Excise-Ahmedabad-III

2015 (7) TMI 795 - CESTAT AHMEDABAD

Extension of stay order - Power of Tribunal to grant stay beyond 365 days - Held that:- Appeal was not taken for hearing by the Tribunal as there is huge pendency of the appeals. It is noted that lot of appeals have already been listed and therefore .....

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- CESTAT NEW DELHI (LB)] - Application No. ST/MA(EXTN)/10302/2015, Appeal No. ST/25/2009 - ORDER No. M/10952/2015 - Dated:- 10-6-2015 - Mr. P.K. Das, Hon'ble Member (Judicial) And Mr. P.M.Saleem, Hon ble Member (Technical),JJ. For the Appellant .....

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2. The Larger Bench of the Tribunal in the case of M/s Haldiram India Pvt.Ltd. & others Vs Commissioner, Central Excise & Service Tax - 2014-TIOL-1965-CESTAT-DEL-LB, held that the Stay Order passed by the Tribunal may be extended after consi .....

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of the Gujarat High Court in Small Industries Development of India, reiterated in Disha Engineers and Sharp Engineers, we answer the reference by holding that even in a case where the period of 365 days has passed from the date of initial grant of s .....

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l and/or had not indulged in any protractive strategies, extension of stay could be granted (beyond the period of 365 days) by passing a speaking order disclosing the satisfaction of the Tribunal as to absence of any delay/protractive stratagems by t .....

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ns. In accordance with the observations and directions set out in Para 6 of the judgment in Small Industries Development Bank of India, an assessee/ appellant in whose favour an order of stay earlier granted stood vacated on expiry of 180 days or 365 .....

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register to record data with respect to the appeals in which stay has been granted and other appeals where no stay is granted, so as to enable prioritized listing of appeals where stay has been granted, subject to infrastructure and organizational l .....

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