2014 (11) TMI 426

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..... nk of India (2014 (7) TMI 738 - GUJARAT HIGH COURT) it would be open for the Department to move a rectification application before the Tribunal - Appeal disposed of. - TAX APPEAL NO. 1121 of 2014 - - - Dated:- 10-11-2014 - MR. AKIL KURESHI AND MR. VIPUL M. PANCHOLI, JJ. For the Appellant : MR HRIDAY BUCH, ADVOCATE ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The department has filed this appeal suggesting the following question of law for our consideration : (A) Whether in the facts and circumstances of the case, the learned Tribunal while passing Misc. Order No. M/10391- 10405/2014 dated 29.1.2014 passed in Stay Application in Order in Appeal No.197 to 199/2006 dated 30.8.2006 is right in e .....

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..... hat 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 earlier and the Appellate Tribunal may extend the stay for a further period but not beyond 180 days at a stretch and on arriving at the subjective satisfaction, as stated hereinabove, the App .....

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..... l would extend the stay only for proper reasons to be recorded. In the present case, no such reasons have been recorded. In this context, the counsel relied on the following observations of this Court in case of Commissioner vs. Small Industries Development Bank of India (supra) : 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 observation .....

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