TaxTMI 
TaxTMI 
2013 (11) TMI 1021
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....submission stating the reasons for preliminary objection. He submits that in view of the amendment of Section 35C by Finance Act, 2013 with effect from 10.5.2013, stay cannot be extended beyond the stipulated period of 365 days. He also relied upon the decision of the Tribunal in the case of CCE Vs. SRF Ltd. vide Misc. Order No. 463/2012 dated 5.6.2012. In that case the Commissioner of Central Excise had filed an application for vacating the stay order dated 8.8.2005. The Tribunal observed that after expiry of the stay order dated 3.2.2006, no further extension was granted or applied for. It also observed that the Tribunal has power to grant stay or extend the stay only for a maximum period of 180 days and the period of 180 days has already....
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....ra) held as under:- 4. After hearing both sides, we find that the sub-section (2A) of Section 35C of Central Excise Act, 1944 was introduced on 11.5.2002 by Finance Act, 2002, which reads as under:- The Appellate Tribunal shall, where it is possible to do so, hear and decide every appeal within a period of three years from the date on which such appeal is filed. Provided that where an order of stay is made in any proceeding relating to an appeal filed under sub-section (1) of Section 35B, the Appellate Tribunal shall dispose off the appeal within a period of one hundred and eighty days from the date of such order. Provided further that if such appeal is not dispose....
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....ple, many of the Tribunals are not constituted and it is not possible for such Tribunals to dispose of matters. Occasionally by reason of other administrative exigencies for which the assessee cannot be held liable, the stay applications are not disposed within the time specified. The reasoning of the Tribunal expressed in the impugned order and as expressed in the Larger Bench matter, namely, IPCL v. Commissioner of Central Excise, Vadodara (supra) cannot be faulted. However we should not be understood as holding that any latitude is given to the Tribunal to extend the period of stay except on good cause and only if the Tribunal is satisfied that the matter could not be heard and disposed of by reason of the fault of the Tribunal for reaso....