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February 2015

[2014]-TIOL-2388-CESTAT-AHM Venketeshwar Filaments Pvt. Ltd. vs. CCE & ST, Vapi.

By Puloma Dalal, Jayesh Gogri, Mandar telang Chartered Accountants

Reading Time 1 mins

Any stay order passed by the CESTAT, if it is in force beyond 07-08-2014 it would continue till the disposal of the appeal

Facts:
The Initial stay order passed by the Bench expires on 20- 08-2014

Held:
With the omission of the 1st, 2nd and 3rd proviso in section 35C(2A) vide section 103 of the Finance (2) Act,2014, there is no provision for making any further applications for extension of stay nor has the Tribunal have powers for hearing and disposing the applications from 07-08-2014. However, the initial stay order in force after 07-08-2014 does not lapse.

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