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TMI Blog2015 (10) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... s it would authorize the exercise of discretion by the Tribunal for grant of such extension. - Appeal was not taken for hearing by the Tribunal as there is huge 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. - Stay extended. - Application No. : E/MA(EXTN)/10735-10737/2015,Appeal No. : E/6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevant portion of the said decision is reproduced 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 cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the judgment in Small Industries Development 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 dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken for hearing by the Tribunal as there is huge 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. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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