2009 (12) TMI 739 - AT - Central Excise

Summary

Issues:
Extension of stay application under Section 142 of Customs Act, 1962.

Analysis:
The case involved an appeal before the Appellate Tribunal CESTAT AHMEDABAD regarding an extension of stay application under Section 142 of the Customs Act, 1962. The appellant, represented by advocate Shri H. Modh, sought an extension of stay as the department had threatened to take action under Section 142 if the duty and penalty were not paid within a week. The appellant had already submitted an application for extension of stay, citing the possibility of the unit being closed down if action was taken under Section 142. The advocate highlighted that the Tribunal had previously granted a stay, which was extended once earlier, and requested a direction to the department not to proceed further until the stay application was considered.

The Tribunal, considering the shortage of members leading to irregular sittings of the Division Bench and the usual practice of granting extensions of stay, decided to direct the department not to proceed further until the stay application was listed, considered, and an appropriate order passed. The Tribunal acknowledged the need for an extension of stay due to the potential closure of the unit if action was taken under Section 142. The learned SDR, Shri Nagar, was requested to inform the department about this decision.

In conclusion, the Tribunal recognized the importance of granting an extension of stay in this case and directed the department to hold off on taking further action until the stay application was reviewed and a decision made. The decision aimed to ensure fairness and due process in the proceedings, considering the circumstances and potential consequences for the appellant.