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

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 under Section 35-C(2A) of the Central Excise Act, 1944 - interim order granted by the Tribunal shall not contine beyond 365 days from the date it has been passed. We further clarify that, having regard to the interest of revenue, the Tribunal may make .....

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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, Excise and Service Tax Appellate Tribunal, New Delhi. The Tribunal was pleased to grant an interim order in favour of the assessee. However, before expiry of the statutory period of 365 days, the appeal could not be heard and decided by the Tribunal. Therefor .....

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sel 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. Therefore, the order dated 21.10.2014 passed by the Tribunal cannot travel beyond 365 days. Heard counsel for the parties and perused the material on record. It is not disputed that the provisions of Section 35-C(2A) have been held to be mandatory by this Court .....

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