2014 (7) TMI 878 - HC - Central Excise

Extension of stay - third proviso to sub-section (2A) of Section 35C - power to extend the stay beyond the period that has been prescribed - Held that - The appeal was listed before the Tribunal on diverse dates and it was the inability of the Bench of the Tribunal to dispose of the appeal which has led to the appeal remaining pending on the file. Hence, we are of the view that it would be a travesty of justice to saddle the petitioner with the consequence of the unconditional stay being vacated because of the inability of the Tribunal to dispose of the appeal. - stay extended - department not to pursue recovery proceedings - decided in favor of assessee.

Issues:
1. Adjudication of central excise duty demand and penalty imposition.
2. Appeal process before Customs Excise & Service Tax Appellate Tribunal.
3. Notice issued for vacating stay on appeal due to non-disposal within stipulated time.
4. Interpretation of provisions under sub-section (2A) of Section 35C of the Central Excise Act, 1944.
5. Consideration of extension of stay period and High Court's jurisdiction under Article 226 of the Constitution.
6. Assessment of petitioner's conduct in relation to appeal listing and stay extension.

Adjudication of Central Excise Duty Demand and Penalty Imposition:
The Additional Commissioner confirmed a demand for central excise duty and imposed a penalty on the petitioner. The appeal to the Commissioner (Appeals) was dismissed, leading to further appeal before the Customs Excise & Service Tax Appellate Tribunal.

Appeal Process Before Customs Excise & Service Tax Appellate Tribunal:
The Tribunal granted dispensation from pre-deposit of duty and penalties, with subsequent adjournments leading to delays in the final disposal of the appeal.

Notice Issued for Vacating Stay on Appeal Due to Non-Disposal Within Stipulated Time:
The Superintendent issued a notice to vacate the stay on appeal, citing the provisions of sub-section (2A) of Section 35C of the Central Excise Act, 1944, due to non-disposal within the specified period.

Interpretation of Provisions under Sub-section (2A) of Section 35C:
The judgment delves into the detailed provisions of sub-section (2A) of Section 35C, emphasizing the timelines for disposal of appeals and the consequences of non-compliance with the stipulated periods leading to the vacation of stay orders.

Consideration of Extension of Stay Period and High Court's Jurisdiction under Article 226:
The Court discusses the Tribunal's authority to extend the stay period and the High Court's power under Article 226 to grant relief if the delay in appeal disposal is not attributable to the party. The judgment highlights the distinction between the Tribunal and the High Court in granting such reliefs.

Assessment of Petitioner's Conduct in Relation to Appeal Listing and Stay Extension:
The Court examines the petitioner's conduct regarding the appeal listing and stay extension, concluding that the petitioner did not display negligence, default, or wrongful conduct. The Court dismisses the revenue's argument regarding the petitioner's failure to apply for listing or stay extension, emphasizing the Tribunal's limitations in extending stays beyond prescribed periods.

In conclusion, the Court orders that no steps be taken to enforce the demand during the appeal's pendency, directing the petitioner or revenue to apply for early listing of the appeal. The judgment underscores the importance of ensuring justice by considering the circumstances leading to the delay in appeal disposal.

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