2015 (2) TMI 386

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... plicant filed this miscellaneous application for extension of period of stay granted vide Stay Order No.S/1013-1014/WZB/AHD/ 2010, dt.23.08.2010. 2. The Larger Bench of the Tribunal in the case of M/s Haldiram India Pvt.Ltd. & others Vs Commissioner, Central Excise & Service Tax - 2014-TIOL-1965-CESTAT-DEL-LB, held that the Stay Order passed by the Tribunal may be extended after considering the n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s, extension of stay could be granted (beyond the period of 365 days) by passing a speaking order disclosing the satisfaction of the Tribunal as to absence of any delay/protractive stratagems by the appellant/assessee resulting in non disposal of the appeal or that the appeal could not be disposed of on account of pendency of several appeals or other reasons attributable to the structure and conte .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... limitations of CESTAT. 21. The reference is answered as above.  All the present applications/ appeals shall be listed before the appropriate Bench having the roster, for disposal on merits." 3. None appeared for the applicant.  It is contended by  the applicant in their application that the appeal was not taken up for hearing after passing of the Stay Order.  4. On the othe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X