STAY APPLICATION

[MITSUI PRIME ADVANCED]

Dear Sir,

Pl. provide your valuable advice What is time limit for passing stay order on stay application was filed .

Pl. send your advice

Arjun Sachdeva

Alwar

Rajasthan

AI Summary

Tribunal's Jurisdiction on Extending Stay Orders Beyond 365 Days Under Central Excise Act, 1944, Sent to Larger Bench. A query was raised regarding the time limit for passing a stay order on a stay application related to service tax. Pradeep Khatri responded that tribunals generally hear stay applications within or after 30 days of filing, but there is no strict rule. Naveed S referenced a case involving the Rajasthan State Industrial Development and Investment Corporation Limited, where the CESTAT ruled it lacked jurisdiction to extend a stay beyond 365 days per the Central Excise Act, 1944. This issue has been referred to a Larger Bench for further consideration.