2014 (11) TMI 419

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....f Section 35C(2A) of the Central Excise Act, 1944 as it stood, at the relevant time, the Tribunal could not have extended the stay beyond the period of 365 days from the date it was initially granted. 2. Following substantial question of law is suggested:           "(A) Whether in the facts and circumstances of the case the learned Tribunal while passing Misc. Order No. M/1024910292,10330/ 2014 dated 15.1.2014 passed in Stay Application is Appeal No. E/426/2007, is right in extending the stay beyond the period of 365 days in violation of statutory provisions contained in Section 35C(2A) of the Central Excise Act,1944?" 3. This issue, however, is no longer res integra. Different High Courts hav....

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....er 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. Meaning thereby after 180 days, the Appel....

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....on the following observations of this Court in case of Commissioner vs. Small Industries Development Bank of India (supra).               "7. So far as the Question No.2 is concerned, i.e. Whether the learned Appellate Tribunal is required to pass a speaking order while extending stay or not, for the reasons stated above, the said question is answered in favour of the revenue - department and against the assessee. Consequently, 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 toda....