9911796707
TMI Blog2014 (7) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... bserved hereinabove, extend stay even beyond the total period of 365 days from the date of grant of initial stay. However, as observed by the Hon’ble Supreme Court in the case of Kumar Cotton Mills Pvt. Ltd (2005 (1) TMI 114 - SUPREME COURT OF INDIA), it should not be construed that any latitude is given to the Appellate Tribunal to extend the period of stay except on good cause and if the Appellate Tribunal is satisfied that the matter could not be heard and disposed of by reason of the fault of the Appellate Tribunal for the reasons not attributable to the assessee. It also may not be construed that the Appellate Tribunal can extend stay indefinitely. It also may not be construed that the Appellate Tribunal can extend stay indefinit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the stay granted earlier beyond the total period of 365 days from the date of grant of initial stay, the appellant has preferred the present Tax Appeal with the following proposed substantial questions of law : (1) Whether in the facts and the circumstances of the case, the Ld. Tribunal is justified in the eye of law, in passings the impugned Order No.M/15995-16022/2013 dated 17/12/2013 in Application No.ST/MA/(Extn)/13644/2013 in Appeal No.ST/422/2011, extending the stay beyond the period of 365 days, in violation of the statutory provisions contained in Section 35C(2A) of the Central Excise Act, 1944? (2) Whether even if it is held that the Ld. CESTAT can extend the stay granted earlier beyond the total period of 365 days, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l period of 365 days from the date of grant of initial stay. However, as observed by the Hon ble Supreme Court in the case of Kumar Cotton Mills Pvt. Ltd (supra), it should not be construed that any latitude is given to the Appellate Tribunal to extend the period of stay except on good cause and if the Appellate Tribunal is satisfied that the matter could not be heard and disposed of by reason of the fault of the Appellate Tribunal for the reasons not attributable to the assessee. It also may not be construed that the Appellate Tribunal can extend stay indefinitely. On expiry of every 180 days the concerned assessee / appellant is required to submit an appropriate application before the learned Appellate Tribunal to extend the stay granted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, continued and/or extended. 7. So far as the Question No.2 is concerned, i.e. Whether the learned Appellate Tribunal is required to pass a speaking order while extending stay or not, for the reasons stated above, the said question is answered in favour of the revenue department and against the assessee. Consequently, all the matters are remanded to the learned Appellate Tribunal to pass appropriate order afresh and pass speaking and reasoned order in light of the observations made hereinabove. Such exercise shall be completed within a period of two months from today. So as to see that the applications of the respective appellants / assesses for extension of stay do not become infructuous, it is directed that the stay order which ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
