2014 (8) TMI 20

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n extending the stay granted earlier during the pendency of the respective appeals beyond the total period of 365 days from the date of grant of initial stay and extending the stay till final disposal of the respective appeals with the following proposed substantial questions of law. "(1) Whether in the facts and circumstances of the case, the Tribunal has committed substantial error of law in extending stay of recovery from the respondent beyond period of 365 days, in violation of statutory provisions contained in 3rd proviso to Section 35C(2A) of Central Excise Act, 1944, brought into force with effect from 10.05.2013 vide Section 98 of Finance Act, 2013? (2) Whether even if it is held that the learned Appellate Tribunal can extend ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Tribunal is satisfied that the matter could not be heard and disposed of by reason of the fault of the Appellate Tribunal for the reasons not attributable to the assessee. It also may not be construed that the Appellate Tribunal can extend stay indefinitely. On expiry of every 180 days the concerned assessee / appellant is required to submit an appropriate application before the learned Appellate Tribunal to extend the stay granted earlier and the Appellate Tribunal may extend the stay for a further period but not beyond 180 days at a stretch and on arriving at the subjective satisfaction, as stated hereinabove, the Appellate Tribunal may extend the stay even beyond 365 days from the date of grant of initial stay and even thereafter. Mean....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nsequently, all the matters are remanded to the learned Appellate Tribunal to pass appropriate order afresh and pass speaking and reasoned order in light of the observations made hereinabove. Such exercise shall be completed within a period of two months from today. So as to see that the applications of the respective appellants / assesses for extension of stay do not become infructuous, it is directed that the stay order which is extended by the Appellate Tribunal shall be continued for a further period of two months. It goes without saying that even during the aforesaid period of two months, the Appellate Tribunal may dispose of the appeals finally. All these appeals are partly allowed to the aforesaid extent and the matters are remitt....