CESTAT grants Stay for a limited period
AS per Section 35C (2A), a Stay granted by the Tribunal stands vacated after 180 days. There has been a lot of dispute and Tribunal has been consistently holding that it can grant stay for unlimited periods and in any case, it is a mockery of justice if the Stay is vacated, for no fault of the appellant.
As per the Finance Bill 2013, the Tribunal can extend this period of Stay for another 185 days.
Recently, the Tribunal passed an order on 11.04.2013 granting STAY during pendency of the appeal or till 3.12.2013 whichever date is earlier. That means the Stay granted expires and is vacated on 3.12.2013. If the Tribunal is not able to dispose of the case by 3.12.2013, is the appellant required to pay the whole demand or will the Department attach the property of the appellant and should the appellant approach the Tribunal for extension of the Stay or approach the High Court?
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