9911796707
TMI Blog2014 (3) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... in Section 35C (2A) of Central Excise Act, 1944 and in Section 129B (2A) of the Customs Act, 1962 vide Section 98 and 76 of the Finance Act, 2013. As per the said provision even if the appeal is not disposed of within the total period of 365 days from the date of the order referred to in first proviso to Section 35C (2A) of the Act 1944 and first proviso to Section 129B (2A) of the Act, 1962, the stay order shall, on expiry of the said period, stands vacated. It is submitted that after insertion of third proviso to Section 35C (2A) of the Act, 1944 by Finance Act, 2013, this Tribunal has no power to extend the stay order. He relied upon the order of the Tribunal of this Bench vide MISC Order No.463/12 dt. 5.6.12 in the case of M/s. SRF Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oviso to Section 35C (2A) as the case may be and applications for extension of stay cannot be entertained nor extension granted, by the Tribunal. 9. Reliance for the above contention is placed on the order dated 05.06.2012 in Commissioner of Central Excise, Chennai-I Vs SRF Ltd. in E/MISC/527/2011. The Commissioner of Central Excise had filed an application for vacation of a stay (purportedly) granted on 08.08.2005 and of pre-deposit of about Rs.25 crores. The order further stated that since a large amount of duty was involved and the issues were of a recurring nature, the appeal should be posted for early hearing, in September, 2005. However, the order was extended on 03.02.2006 but no further extensio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ight of the aforesaid analysis and since pendency of the appeals are not on account of any conduct of the appellants but on account of pendency of a large number of older appeals and a critical supply/demand mismatch in the Tribunal, we consider it appropriate to grant extension of the stay orders earlier granted, to operate during the pendency of the appeals. The miscellaneous applications are disposed of accordingly. 4. In view of the above discussions, the application for extension of stay order granted vide Stay Order No.807/08 dt. 11.9.2008 is allowed and the period of stay is extended till disposal of the appeal inasmuch as the appeal could not be decided because there is a huge pendency of the appeals before this Tribunal and the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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