CESTAT has power to extend Stay beyond 365 days where delay in disposal of appeal is not attributable to the assessee

Last updated: 19 August 2015

Court :
High Court of Delhi

Brief :
The Larger Bench of the Hon’ble High Court of Delhi overruled the decision of the pision Bench in Haldiram Case to upheld power of CESTAT to grant/ extend Stay of recovery of demand beyond 365 days from passing of Stay Order, where delay in disposal of appeal not attributable to assessee.

Citation :
Commissioner of Central Excise, Delhi Vs. Brew Force Machine Pvt. Ltd[AIT-2015-111-HC]

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Bimal Jain
Published in Excise
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