9911796707
TMI Blog2014 (12) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... period of 365 days in view of statutory provisions contained in Section 35C(2A) of the Central Excise Act, 1944? (ii) Whether even if it is held that the total period of 365 days, the learned Appellate Tribunal is required to pass a speaking order / reasoned order considering 3rd provisions to section 35C(2A) of the Central Excise Act, 1944 ? 2. So far as question (i) above is concerned, the Hon'ble High Court, relying upon the decision of the Hon'ble Supreme Court in the case of Commissioner of Customs & Central Excise, Ahmedabad vs. Kumar Cotton Mills Pvt. Limited - [2005 (180) ELT 434 (SC)], held that CESTAT has the powers to extend the stay beyond the period of 365 days under the provisions of Section 35C (2A) of the Central E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the assessee / appellant in whose favour stay has been granted, has cooperated in early disposal of the appeal or not and/or whether there is any delay tactics by such appellant / assessee in whose favour stay has been granted and/or whether such appellant is trying to get any undue advantage of stay in his favour or not. Therefore, while passing such order of extension of stay, learned Appellate Tribunal is required to pass a speaking order on each application and after giving an opportunity to the representative of the revenue - Department and record its satisfaction as stated hereinabove. Therefore, ultimately if the revenue - department is aggrieved by such extension in a particular case having of the view that in a particular case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, 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 (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 App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the appeals in which stay has been granted, continued and/or extended. 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 d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
