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The Commissioner of Central Excise, Pune-I Versus M/s Mahindra Navistar Automotives, M/s Ewac Alloys Ltd, M/s Bharat Petroleum Corporation Ltd, M/s New Holland Fiat India Pvt Ltd, M/s Indian Oil Corporation Ltd, M/s Larsen And Toubro Ltd

2016 (4) TMI 62 - BOMBAY HIGH COURT

Order of stay passed by the Customs, Excise and Service Tax Appellate Tribunal - whether order would continue to be operative after expiry of 365 days as provided under section 35C(2A) of the Central Excise Act, 1944 ? - Held that:- The inherent powe .....

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ppeals, then, the consequences in the legal provision would follow. In that event, the assessee will have to convince the Tribunal to continue the interim order / relief in his or her favour.

Once it is agreed by both sides that such is th .....

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als. They are disposed of at the stage of admission in the light of the clear legal provision. - Cental Excise Appeal No.268, 269 of 2014, Cental Excise Appeal No.283 of 2014, Cental Excise Appeal No. 38, 56, 199, 121, 158 of 2015, Cental Excise Appe .....

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ent : Ms. Padmavati Patil, Mr. Prakash Shah with Mr. Jas Sanghvi and Mr Mahesh Raichandani i/b Mr. Bharat Raichandani ORDER P. C. 1. Having heard both sides, we find that the question of law termed as substantial in all these appeals, namely, that an .....

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concluded by judgments, including of this Court, observing and holding that the Tribunal's power is not taken away by such a statutory prescription. The inherent power to do justice will be exercised depending upon the conduct of the assessee-app .....

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