Can Tribunal grant Stay beyond 365 days? Tribunal requested to dispose of appeal expeditiously and preferably within period of six months. The waiver of pre-deposit will continue to remain valid for period of six months - HC
THE Allahabad High Court had in Commissioner, Customs and Central Excise Vs. M/s J.P. Transformers - observed,
"Though we are conscious of the pendency of the appeals and workload assigned to the Principal Bench as well as various Benches of CESTAT, we are of the view that entire object and purpose of insertion of sub-section 2A in Section 35C by Section 140 of the Finance Act, 2002 (20 of 2002) w.e.f. 11.5.2002 and third Proviso by Finance Act, 2013 will stand defeated, if the waiver of pre-deposit is granted indefinitely. The judgment in Kumar Cotton Mills Pvt. Ltd. (Supra) cannot be interpreted to give powers to the Tribunal to extend the order of waiver of predeposit indefinitely.
Even after the above judgement, Tribunal had granted extension of Stay beyond 365 days and the Revenue is in appeal to the same Allahabad High Court.
The High Court in several cases ruled:
We are of the view that the ends of justice would be met if the Tribunal is requested to dispose of the appeal expeditiously and preferably within a period of six months from today. The waiver of pre-deposit will continue to remain valid for a period of six months from today.
We bring you one such judgement. Please see