2015 (2) TMI 386 - AT - Central Excise

Extension of stay order - Held that - appeal was not taken for hearing by the Tribunal as there is huge pendency of the appeals. It is noted that lot of appeals have already been listed and therefore it is difficult to take up the appeals hearing at this stage. - we grant extension of stay till the disposal of the appeal. - Stay extended.

Summary

Issues: Extension of period of stay granted in a case where the appeal was not taken up for hearing due to pendency of appeals.

Analysis:
1. The applicant filed a miscellaneous application seeking an extension of the period of stay granted in a previous order.
2. Referring to a decision by the Larger Bench in the case of M/s Haldiram India Pvt. Ltd. & others Vs Commissioner, Central Excise & Service Tax, it was established that the Tribunal may extend a Stay Order beyond the initial period if the appeal could not be disposed of due to reasons not attributable to the appellant and if the appellant was ready for the appeal's disposal without engaging in delaying tactics.
3. Despite the applicant's absence, it was claimed in the application that the appeal had not been scheduled for a hearing post the Stay Order.
4. The Revenue's representative argued that the applicant had not taken the necessary steps for the appeal's disposal.
5. The Tribunal observed that the appeal had not been scheduled for a hearing due to a significant backlog of appeals, making it challenging to prioritize the appeals for hearing.
6. Consequently, considering the circumstances, the Tribunal granted an extension of the stay until the appeal's disposal, thereby disposing of the applicant's miscellaneous application accordingly.

This judgment highlights the Tribunal's discretion to extend the period of stay in cases where appeals are delayed due to factors beyond the appellant's control, such as a backlog of appeals. The decision emphasizes the need for readiness on the part of the appellant for the appeal's disposal and the Tribunal's authority to grant extensions based on the specific circumstances of each case.