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TMI Blog2015 (7) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... difficult to take up the appeal hearing at this stage. - extension of stay is granted till the disposal of the appeal. Decision in the case of M/s Haldiram India Pvt.Ltd. & others Vs Commissioner, Central Excise & Service Tax [2014 (10) TMI 724 - CESTAT NEW DELHI (LB)] - Application No. ST/MA(EXTN)/10302/2015, Appeal No. ST/25/2009 - ORDER No. M/10952/2015 - Dated:- 10-6-2015 - Mr. P.K. Das, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d below:- 20. In the light of the analysis above and following the judgment of the Gujarat High Court in Small Industries Development of India, reiterated in Disha Engineers and Sharp Engineers, we answer the reference by holding that even in a case where the period of 365 days has passed from the date of initial grant of stay but the appeal could not be disposed of for reasons not attributabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank of India, an assessee/ appellant in whose favour an order of stay earlier granted stood vacated on expiry of 180 days or 365 days as the case may be, may present an application seeking extension of stay by pleading the necessary facts as would authorize the exercise of discretion by this Tribunal for grant of such extension. The Registry is directed to maintain a separate register to record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge pendency of the appeals. It is noted that lot of appeals have already been listed and therefore it is difficult to take up the appeal hearing at this stage. 6. In view of that, we grant extension of stay till the disposal of the appeal. Miscellaneous application filed by the applicant is disposed of in the above terms. (Dictated Pronounced in open Court) - - TaxTMI - TMITax - Ser ..... X X X X Extracts X X X X X X X X Extracts X X X X
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