2014 (3) TMI 352

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....en passed against the petitioner on 28 March 2013, disallowing the CENVAT credit of Rs.2.32 crores and directing the recovery together with interest; besides which a penalty has been imposed to the extent of Rs.87.73 lacs under Section 11AC of the Central Excise Act, 1944. Upon receipt of the order on 26 April 2013, the petitioner filed an appeal before the CESTAT , which was listed on 21 January ....

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....hirty days after the filing of an appeal, if no stay is granted, cannot be applied to an assessee who has filed an application for stay, which has remained pending for reasons beyond the control of the assessee . Where however, an application for stay has remained pending for more than a reasonable period, for reasons having a bearing on the default or the improper conduct of an assessee , recover....