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of <h1>Tribunal Lifts Stay Order: Legal Position Shifted by Overruled Precedent</h1> <h3>M/s KOKAN SYNTHETICS AND CHEMICALS PVT LTD Versus COMMISSIONER OF CENTRAL EXCISE, KOLHAPUR</h3> The Tribunal allowed the Miscellaneous application, recalling the stay order dated 23.10.2013, due to a change in legal position resulting from the ... Modification of stay order - Recall of order - Overruling judgment - Merchant Overtime Tax Charges (MOT) - Held that:- stay order dated 23.10.2013 be recalled in the light of the decision of the Larger Bench of this Tribunal in the case of Reliance Inds. (2013 (10) TMI 675 - CESTAT AHMEDABAD) In the said case, the decision relied upon by this Tribunal in case of Naval Overseas P. Ltd. (2007 (9) TMI 62 - CESTAT, AHMEDABAD) has been over-ruled. Therefore, in these circumstances, the stay order passed by the Tribunal is recalled - Decided in favour of assessee. Issues:Application for modification of stay order based on change in legal position.Analysis:The judgment revolves around an application for modification of a stay order dated 23.10.2013. The applicant argued that the stay order should be modified because a decision relied upon in the original order was overruled by a larger bench of the Tribunal in the case of Reliance Inds. The applicant contended that this change in legal position warranted a recall of the stay order. On the other hand, the respondent argued that the only recourse for the applicant was to challenge the stay order before the Hon'ble High Court.Upon hearing both sides and considering the submissions, the Tribunal acknowledged the change in legal position due to the overruling of the decision in the case of Naval Overseas P. Ltd. by the larger bench in the case of Reliance Inds. Consequently, the Tribunal agreed with the applicant's prayer to recall the stay order dated 23.10.2013. The Tribunal directed the Registry to list the stay application for fresh consideration on 19.02.2014 in light of the new legal landscape created by the decision in the case of Reliance Inds.In conclusion, the Miscellaneous application filed by the applicant was allowed, and the stay order dated 23.10.2013 was recalled based on the change in legal position resulting from the overruling of the decision in the case of Naval Overseas P. Ltd. by a larger bench in the case of Reliance Inds. The Tribunal's decision highlights the importance of staying abreast of legal developments and adapting decisions accordingly to ensure justice and fairness in the application of law.
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