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

CA Bimal Jain We are sharing with you an important judgement of the Hon’ble High Court of Delhi in the case of Commissioner of Central Excise, Delhi Vs. Brew Force Machine Pvt. Ltd. [AIT-2015-111-HC] on the following issue: Issue: Whether the CESTAT is empowered to grant or extend Stay of recovery of demand beyond 365 days from the date when the Stay Order was initially passed, notwithstanding that the delay in disposal of the appeal was not attributable to an assessee? Facts & Background: In the case of CIT Vs. Maruti Suzuki (India) Ltd. [2014 (362) ITR 215] (“Maruti Case”), the D...