Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

The Commissioner Central Excise Versus M/s. Magnum Ventures Ltd.

2015 (8) TMI 1075 - ALLAHABAD HIGH COURT

Challenge to stay order - Held that:- provisions of Section 35-C(2A) have been held to be mandatory by this Court and, therefore, in any case the Tribunal can grant an interim order which can travel beyond 365 days which is the maximum limit fixed un .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

an attempt to decide the appeal at the earliest possible, preferably within six months - Decision in the case of Commissioner of Central Excise v. M/s Barco Electronics Systems Ltd. [2015 (5) TMI 27 - ALLAHABAD HIGH COURT] followed - Decided in favou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rder of the Service Tribunal dated 21.10.2014. Facts in short leading to the present appeal are as follows : (i) The assessee has filed the Excise Appeal No.53772-53774 of 2014 before the Central Excise Tribunal against the order of the Customs, Exci .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

refore, having regard to the judgment of the larger Bench of the Tribunal in the case of M/s. Haldiram India Pvt. Ltd. v. CCE, Delhi reported in 2014 TIOL-1965 the assessee made a fresh interim Stay Application. (ii) The Tribunal having regard to the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

counsel for the department submitted that the Tribunal is a creation of statute and is bound by the provision made therein. Section 35-C(2A) of the Central Excise Act, 1944 limits the period of interim order to the maximum period of 365 days. Theref .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Court and, therefore, in any case the Tribunal can grant an interim order which can travel beyond 365 days which is the maximum limit fixed under Section 35-C(2A) of the Central Excise Act, 1944. In Central Excise Appeal (Defective ) No.107 of 2015, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version