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2014 (11) TMI 452 - HC - Central ExcisePower of tribunal to grant stay beyond the total period of 365 days - extension of stay granted earlier - extension order should be speaking or not - whether the Tribunal has power to extend the stay beyond the period prescribed under the proviso to section 35C(2A) of the Act - Held that - In view of the decision in case of Commissioner vs. Small Industries Development Bank of India (2014 (7) TMI 738 - GUJARAT HIGH COURT) it can be concluded that the Tribunal did not lack the power to extend stay beyond 365 days from the initial date of granting stay. However, if the stand of the revenue is that such extension was without recording reasons or without passing speaking order as required by the decision of this Court in case of Commissioner vs. Small Industries Development Bank of India (2014 (7) TMI 738 - GUJARAT HIGH COURT) it would be open for the Department to move a rectification application before the Tribunal - As the Tribunal is expected to consider the individual case and pass a speaking order as to whether the delay can be attributed to the respondentassessee or not, in whose favour the stay is granted in the event the assessee contributed to such delay, the extension of stay is not to be made automatic. - Appeal disposed of.
Issues:
- Challenge to the Tribunal's order extending stay beyond 365 days - Jurisdiction of the Tribunal to extend stay in specific circumstances - Deliberate delay by the assessee in appeal proceedings - Extension of stay in appeals pending for several years - Applicability of statutory provisions in extending stay - Requirement for the Tribunal to consider each case independently - Necessity for the Tribunal to pass a speaking order Analysis: 1. Challenge to Tribunal's Order: The Revenue challenged the Tribunal's order dated February 12, 2014, which extended the stay beyond the prescribed period of 365 days. The substantial questions of law raised by the Revenue questioned the Tribunal's jurisdiction in extending the stay in violation of statutory provisions. 2. Jurisdiction of the Tribunal: The High Court addressed the key issue of whether the Tribunal had the power to extend the stay beyond the statutory limit. The Court clarified that the Tribunal could extend the stay beyond 365 days subject to certain conditions, including the Tribunal's subjective satisfaction and the assessee's cooperation in the appeal process. 3. Deliberate Delay by the Assessee: The Court considered the aspect of deliberate delay by the assessee in the appeal proceedings. It emphasized that if the delay could be attributed to the assessee, the extension of stay should not be automatic, and the Tribunal must evaluate each case individually. 4. Extension of Stay in Prolonged Appeals: The case involved an appeal that had been pending for several years, raising questions about the propriety of extending the stay in such prolonged proceedings. The Court highlighted the need for the Tribunal to prioritize appeals where stay had been granted and ensure timely disposal. 5. Applicability of Statutory Provisions: The judgment referred to specific provisions of the Central Excise Act and emphasized the importance of adhering to statutory requirements while granting extensions of stay in excise matters. 6. Requirement for Independent Consideration: The Court stressed the necessity for the Tribunal to consider each application for extension of stay independently, taking into account the reasons for any delays and the conduct of the parties involved. 7. Necessity for Speaking Orders: The judgment underscored the importance of the Tribunal passing speaking orders while granting extensions of stay, detailing the reasons for the decision and ensuring transparency in the process. 8. Final Disposition: The Court disposed of the appeal, granting the appellant the liberty to file an appropriate application before the Tribunal based on the Court's decision. The Tribunal was directed to pass an order in accordance with the Court's observations, emphasizing the need for detailed consideration in extending stays in excise matters. This comprehensive analysis of the judgment highlights the key legal issues addressed by the High Court in response to the challenges raised by the Revenue regarding the extension of stay in excise appeal proceedings.
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