2015 (3) TMI 993 - AT - Customs

Extension of stay order - Held that - issue of competency of the Tribunal to extend the stay beyond the period of 365 days was considered by the Larger Bench of this Tribunal in the case of Haldiram India Pvt. Ltd. 2014 (10) TMI 724 - CESTAT NEW DELHI (LB) and the Larger Bench held that, in case the pendency of the appeal is not due to any omission or commission on the part of the appellant, stay can be extended even beyond the period of 365 days. - pendency of the appeals before this Tribunal, is not due to any omission or commission on the part of the appellants and is due to the huge pendency of appeals pending disposal before this Tribunal. In view of the above, we extend the stay till the disposal of the appeals, - Stay extended.

Summary

The Tribunal extended the stay beyond 365 days in a case where the appeal pendency was not due to the appellant's fault, following a decision by the Larger Bench in the case of Haldiram India Pvt. Ltd. (2014).