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

[YAGAY andSUN]

Dear Arjun,

Generally, Tribunal hears the stay application within/after 30 days of filing of an appeal. But there is no hard and fast rule in this regard.

Regards

Team YAGAY and SUN

(Management and Indirect Tax Consultants)

[Mahir S]

In Rajasthan State Industrial Development and Investment Corporation Limited case - 2014 (7) TMI 829 - CESTAT NEW DELHI , vide order dated 10.06.0214, a Division Bench of the CESTAT consisting of the President and Technical Member Mr.R K Singh, held that CESTAT had no jurisdiction to extend operation of a stay beyond the period of 365 days of the initial grant, in view of provisions of the 3rd proviso to Section 35C(2A) of the Central Excise Act, 1944 and rejected the application for extension of stay.

Now the Tribunal referred the above issue for consideration to a Larger Bench.

AI Summary

Tribunal stay jurisdiction: inability to extend a stay beyond the prescribed statutory period noted, and issue referred for larger consideration. Tribunals commonly hear stay applications within or shortly after thirty days of filing, though no rigid timeframe is prescribed. A reported tribunal ruling held the tribunal lacked jurisdiction to continue a stay beyond the prescribed statutory period under the controlling proviso; the extension application was refused and the point referred for consideration by a larger panel.