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TMI Blog2014 (11) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 30.8.2006 is right in extending the stay beyond the period of 365 days in violation of statutory provisions contained in Section 35C(2A) of the Central Excise Act, 1944?" This issue, however, is no longer res integra. Different High Courts have though taken slightly different views insofar as this High Court is concerned in case of Commissioner vs. Small Industries Development Bank of India reported in 2014 (307) ELT 417, it clearly held that the Tribunal in appropriate cases may extend the stay even beyond 365 days from the date of initial grant of stay. The Court held and observed as under: "6. In view of the above and for the reasons stated above, question N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tretch and on arriving at the subjective satisfaction, as stated hereinabove, the Appellate Tribunal may extend the stay even beyond 365 days from the date of grant of initial stay and even thereafter. Meaning thereby after 180 days, the Appellate Tribunal is required to review the situation and consider the application for extension of stay appropriately. Thus, on expiry of maximum period of 180 days the assessee / appellant is required to submit application for extension of stay each time and the Appellate Tribunal is required to consider the individual case and pass a speaking order, as stated hereinabove. By the aforesaid it may also not be understood that the Appellate Tribunal may go on extending the stay indefinitely and may not disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 is extended by the Appellate Tribunal shall be continued for a further period of two months. It goes without saying that even during the aforesaid period of two months, the Appellate Tribunal may dispose of the appeals finally. In view of the decision of this Court in case of Commissioner vs. Small Industries Development Bank of India (supra) it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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