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2015 (7) TMI 795 - CESTAT AHMEDABAD

2015 (7) TMI 795 - CESTAT AHMEDABAD - TMI - 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 it is difficult to take up the appeal hearing at this stage. - extension of stay is granted till the disposal of the appeal. Decision in the case of M/s Haldiram India Pvt.Ltd. & others Vs Commissioner, Cen .....

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Order No. S/491/WZB/AHD/2009 dtd 17.03.2009. 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 considering the necessary facts as it would authorize the exercise of discretion by the Tribunal for grant of such extension. The relevant portion of the said decision is reproduced below:- 20. In the light of t .....

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ready and willing for disposal of the appeal 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 the appellant/assessee resulting in non disposal of the appeal or that the appeal could not be disposed of on account of pendency of several appeals or other reasons attributable to the structure and context .....

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