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TMI Blog2014 (3) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... n assessee who has filed an application for stay, which has remained pending for reasons beyond the control of the assessee. Where however, an application for stay has remained pending for more than a reasonable period, for reasons having a bearing on the default or the improper conduct of an assessee, recovery proceedings can well be initiated as explained in the earlier part of the judgment - we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he recovery together with interest; besides which a penalty has been imposed to the extent of Rs.87.73 lacs under Section 11AC of the Central Excise Act, 1944. Upon receipt of the order on 26 April 2013, the petitioner filed an appeal before the CESTAT , which was listed on 21 January 2014. However, the stay application could not be taken up due to non-availability of the Bench and the next date o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for stay, which has remained pending for reasons beyond the control of the assessee . Where however, an application for stay has remained pending for more than a reasonable period, for reasons having a bearing on the default or the improper conduct of an assessee , recovery proceedings can well be initiated as explained in the earlier part of the judgment. The Court has been informed that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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