Tribunal extends stay on appeal until disposal, prohibits further extension requests. The Tribunal decided that the stay on appeal would continue until disposal based on a previous case and the fact that the stay extended beyond the ...
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Tribunal extends stay on appeal until disposal, prohibits further extension requests.
The Tribunal decided that the stay on appeal would continue until disposal based on a previous case and the fact that the stay extended beyond the specified date. The appellant's application for extension of stay was disposed of accordingly, emphasizing that no further applications for extension were allowed once a stay order was granted.
Issues: Extension of stay on appeal due to delay in disposal.
Analysis: The appellant sought an extension of stay on the grounds that the appeal had not been disposed of through no fault of theirs. Referring to a previous case, the Tribunal clarified that there was no provision for making further applications for extension of stay. The Tribunal emphasized that once a stay order was granted, it did not lapse, and the appeal needed to be disposed of within three years. The Tribunal concluded that any stay order in force beyond a certain date would continue until the appeal's disposal, without the need for additional applications for extension of stay.
Therefore, based on the CESTAT judgment and the fact that the stay in the current case was in force beyond the specified date, the Tribunal decided that the stay would continue until the appeal was disposed of. Consequently, the application for extension of stay was disposed of accordingly.
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