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Micro Inks Private Limited Versus C.C.E. & S.T. -Daman

2015 (10) TMI 896 - CESTAT AHMEDABAD

Extension of stay order - Held that:- Tribunal in the case of M/s Haldiram India Pvt.Ltd. & others Vs Commissioner, Central Excise & Service Tax - [2014 (10) TMI 724 - CESTAT NEW DELHI (LB)], held that the Stay Order passed by the Tribunal may be ext .....

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t of appeals have already been listed and therefore it is difficult to take up the appeal hearing at this stage. - Stay extended. - E/1435/2011-DB,E/MA(EXTN)/10681/2015 - Order No. M/11188/2015 - Dated:- 11-9-2015 - Mr. P.K. Das, Member (Judicial) an .....

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rder No. S/1958/WZB/AHD/2012 Dated 06/09/2012. 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 pass .....

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the analysis above and following the judgment 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 h .....

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s 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 abs .....

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t of this Tribunal or other appropriate reasons. 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 grant .....

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Registry is directed to maintain a separate 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, su .....

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