2015 (10) TMI 704 - HC - Central Excise

Extension of stay order - Held that - Under the circumstances, though the learned Tribunal recorded those judgments while granting interim order, but found that there has been no fault on the part of the assessee and accordingly granted extension. - In view of orders of High and Supreme Court 2005 (1) TMI 114 - SUPREME COURT OF INDIA no reason to admit appeal - Decided against Revenue.

Summary

Issues:
Extension of interim order granted by the Tribunal overlooking mandatory provisions under Section 35-C(2A) and provisos; Interpretation of provisions when appeal pendency not attributable to the appellant; Application of judgments by Supreme Court, Madras High Court, and Gujarat High Court in similar cases.

Analysis:
The judgment pertains to an appeal filed by the Revenue against the Tribunal's decision to extend an interim order. The Revenue argued that the extension was granted contrary to the mandatory provisions under Section 35-C(2A) and related provisos. The Senior Counsel for the assessee contended that if the appeal's pendency is not the appellant's fault, the Tribunal's power is not affected by the provisions. Citing a Supreme Court case, the counsel emphasized that the Tribunal can extend the stay period only on good cause and if the delay is not due to the assessee's fault.

The counsel further relied on a judgment by the Customs, Excise and Service Tax Appellate Tribunal, noting judgments by the Madras and Gujarat High Courts following the Supreme Court's principles. The Tribunal acknowledged the absence of fault on the assessee's part and granted the extension based on the legal positions outlined by the Supreme Court and the High Courts. Consequently, the High Court dismissed the appeal, emphasizing the need for the Tribunal to expedite the appeal's disposal within three months of the order, without imposing any costs.

In conclusion, the judgment underscores the importance of considering fault attribution in appeal pendency and the Tribunal's authority to extend stay periods under specific circumstances. The decision aligns with the precedents set by the Supreme Court and various High Courts, emphasizing the need for timely disposal of appeals while ensuring fairness to the parties involved.