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CBI raids 15 MLAs in Jharkhand for taking bribe in Rajya Sabha elections Rajya Sabha passes Finance Bill 2012 Petrol & Diesel prices to be hiked FM says Government to take hard measures after Rupee hits all time low of 54.52 against US Dollar Yeddy applies for bail after CBI raids on his residence Income Tax Officer SK Saini sentenced to 3 years RI + fine of Rs 35 Lakh by CBI Court in Bhopal IRS Officer Brahmananda Reddy arrested by CBI Founder of Matrix Laboratories Nimmagadda Prasad also arrested by CBI Tariff Value for import of Brass scrap is 4362 & for poppy seeds 3680-for gold 507 per 10 gram & for silver 920 per kg-Customs Non-Tariff Notification No.42 Customs duty exempted on import of 191 Products from Singapore-Customs Tariff Notification No.33 Import of 485 Products from Singapore exempted from Customs duty-Customs Tariff Notification No.34 Import of 496 Products from Singapore exempted from 50 per cent of applied rate of duty-Customs Tariff Notification No.35 Saurabh 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Goods manufactured by Government exempted from excise -Central Excise Tariff Notification No.23 Excise on specified Petroleum Oils lowered Eye makeup preparations exempted from excise The excise exemption hitherto admissible on all Hawai Chappals will now be admissible to only Hawai Chappals of RSP up to Rs 500-Polyester staple fibre or polyester filament yarn, manufactured from plastic scrap or plastic waste including waste polyethylene terephthalate bottles exempted from excise-Excise on Motor chassis for vehicles lowered to 14 per cent excise-Excise on LED Lights of Chapter 85 lowered to 6 per cent-Inks for ball point pens exempted from excise-Central Excise Tariff Notification No.24-Parts of Footwear and hawai chappals of RSP not exceeding Rs. 500 per pair exempted from excise if consumed in factory-Central Excise Tariff Notification No.25-Excise exemption to goods required for initial setting up of solar power generation project or facility-Central Excise Tariff Notification No.26 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Validity of Stay Order does not expire on passing of 180 days

AIT News Network

MUMBAI. A recent ruling of CESTAT(Customs Excise & Service Tax Appellate Tribunal) AIT-2006-68-CESTAT has come as a breather for Central Excise, Customs& Service Tax litigants who were hitherto required to get their Stay Order extended after every 180 days as the Departmental Officers were claiming that the stay order automatically lapsed on expiry of 180 days and non-extension of stay order gave a sword in the hands of the department to recover the demand confirmed by Excise, Customs & Service tax Authorities. The litigants have also been saved from the money paid to their Advocates & Consultants who used to bill them between Rs. 10000 to Rs.50000/- for extension of Stay order depending on the amount involved in the matter.

The Bench ruled as under:

Validity of a Stay Order does not expire on the passing of 180 days from the date of passing that stay order. Validity period is as stated in the order itself. In case variation is required, it is for the revenue to seek modification of the stay order.
In the present case, our stay order stipulated no time-limit. Therefore, its validity is till the disposal of the appeals. Any attempts by the revenue to recover amounts which remain stayed in terms of the Tribunal’s stay order would be contrary to law. There is no requirement to pass any order extending the stay order already passed and it would remain valid till the disposal of the appeals.
The Bench relied on a High court ruling wherein it was laid down as under:
“Section 35C(1) of the Act empowers CESTAT to pass such orders, on an appeal before it, as CESTAT thinks fit. The said provision confers on CESTAT powers of the widest amplitude in dealing with appeals before it, grants by implication the power of doing all such acts, or employing such means, as are essentially necessary to its execution. The statutory power under the said section carries with it a duty in proper cases to make such orders for staying recovery of demand of duty, etc. pending an appeal before the Tribunal, as will prevent such an appeal, if successful, from being rendered nugatory. Sub-section (2A) of the Act was brought on statute book to ensure disposal of pending appeals within a reasonable time frame and curtail delays. But from this it is not possible to infer a legislative intent to curtail/withdraw powers of the Tribunal to grant stay in appropriate cases. It is also not possible to infer any curtailment of such powers beyond the period of six months. The legislature would have specifically provided so if it was so intended. Any other interpretation of sub-section with both the provisos would frustrate the object of Tribunal dispensing justice in deserving cases where the assessee is not at fault in any manner; the assessee having filed appeal and stay application within period of limitation, prima facie proved his case at hearing and obtained stay with or without conditions, and co-operating with Tribunal for hearing and disposal of appeal; but, the Tribunal is not in a position to proceed for various reasons.”
Sub-section (2A) of Section 35 C of Central Excise Act provides as under:
“ The Appellate Tribunal shall, where it is possible to do so, hear and decide every appeal within a period of three years from the date on which such appeal is filed :
Provided that where an order of stay is made in any proceeding relating to an appeal filed under sub-section (1) of section 35B, the Appellate Tribunal shall dispose of the appeal within a period of one hundred and eighty days from the date of such order :
Provided further that if such appeal is not disposed of within the period specified in the first proviso, the stay order shall, on the expiry of that period, stand vacated.”
( Click here for full text of ruling AIT-2006-68-CESTAT )