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TMI Blog2014 (5) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... all on the expiry of that period, stand vacated, observed that sub-section which was introduced in terrorem cannot be construed as punishing the assessees for matters which may be completely beyond their control. In the present case, appeal was not disposed of within the stipulated period as specified in section 35C and therefore vacating the stay order amounts to punishing the assessee - Followin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05 (180) ELT 434 (SC), stay should be extended as the appeal was not heard within the stipulated period. 3. On the other hand, Ld. AR for Revenue relies upon the decision of the Tribunal in the case of CCE Chennai I Vs SRF Ltd. vide MISC Order No.463/12 dt. 5.6.12. He also submits that the due to the amendment of section 35C(2A) in Finance Act, 2013, there is no reason for extension of stay ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order and as expressed in the Larger Bench matter, namely, IPCL v. Commissioner of Central Excise, Vadodara (supra) cannot be faulted. However we should not be understood as holding that any latitude is given to the Tribunal to extend the period of stay except on good cause and only if the Tribunal is satisfied that the matter could not be heard and disposed of by reason of the fault of the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said period, stand vacated. It is seen that the Hon'ble Supreme Court in the context of insertion of sub-section (2A) of Section 35C of the Act provided that if such appeal is not disposed of within the period specified in the first proviso, the stay order shall on the expiry of that period, stand vacated, observed that sub-section which was introduced in terrorem cannot be construed a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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