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2015 (8) TMI 1104 - Allahabad High Court

2015 (8) TMI 1104 - Allahabad High Court - 2015 (323) E.L.T. 523 (All.) - Challenge to Stay order - Tribunal granted stay for unlimited period - Held that:- In the Commissioner Central Excise Vs. M/s Magnum Ventures Ltd. in [2015 (8) TMI 1075 - ALLAHABAD HIGH COURT], this Court clarified that the interim order granted by the Tribunal will not continue beyond 365 days from the date it has been passed and has further clarified that after expiry of 365 days the assessee would be at liberty to make .....

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e-Respondents. Against the order dated 24th November, 2014 granting stay for an unlimited period by the Tribunal, the department has filed the present appeal under Section 35-G of the Central Excise Act, 1944. Sri Amit Mahajan states that the Tribunal has committed a manifest error in granting an unconditional stay without considering the provisions of Section 35-C(2A) of the Act. Sri Nishant Mishra, learned counsel for the assessee states that from perusal of the statute it is clear that any in .....

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