TMI Blog2015 (5) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The applicant filed this miscellaneous application for extension of period of stay granted vide Stay Order No. S/430/WZB/AHD/2011, dt.28.03.2011. 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 (309) E.L.T. 81 (Tri. - LB), held that the Stay Order passed by the Tribunal may be extended after considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , extension of stay could bo 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 contex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations 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 other hand, the learned Authorised ..... X X X X Extracts X X X X X X X X Extracts X X X X
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