2014 (10) TMI 759

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....acted herein below:- "By the order dated 14/11/2012, this Tribunal recorded existence of a prima facie case in favour of the petitioners/appellants and granted waiver of pre-deposit and unconditional stay of realisation of the adjudicated liability, which is the subject matter of the substantive appeal. As 180 days has elapsed from the date of grant of stay, these applications are filed seeking extension of the stay. These appeals could not be disposed of on account of pendency of several older appeals in this Tribunal and not on account of any delay on the part of the petitioners. 2. Hence, we grant extension of the stay granted on 14/11/2012, to operate during pendency of the appeals. These applications are accordingly disposed of."....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in a period of one hundred and eighty days from the date of such order: Provided further that if such appeal is not disposed of within the period specified in the first proviso, the stay order shall, on the expiry of that period, stand vacated." In a similar case, in Commissioner, Customs and Central Excise Vs. M/s J.P. Transformers3, which was decided by a Division Bench of this Court on 8 October 2013, the Division Bench referred to the decision of the Supreme Court in Commissioner of Customs and Central Excise, Ahmedabad Vs. Kumar Cotton Mills Pvt. Ltd.4 While considering the provisions of the second proviso to Section 35C (2A) of the Act, the Supreme Court held as follows:- "6. The sub-section which was introduced in terrorem c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t be interpreted to give powers to the Tribunal to extend the order of waiver of pre-deposit indefinitely. In the circumstances, the appeal is disposed of with directions to the CESTAT to decide the appeal expeditiously and if possible within a period of six months from the date of the extension dated 3.6.2013. The waiver of pre-deposit will continue to be valid upto the period of six months from its last extension dated 3.6.2013." In the present case, the Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tribunal since a prima facie case was found in favour of the assessee. The Tribunal has also observed that the appeal has not been disposed of on....