COMMISSIONER Vs. SHYAM BUILDERS

JUDGEMENT

(1.) WE have heard learned advocate Mr. Y.N. Ravani for the appellant. Though notices were issued for final disposal to the respondent and in spite of service, no one appears for the respondent.

(2.) THE following substantial question of law has been raised in this appeal:

(3.) THIS issue, however, is no longer res integra. Different High Courts have though taken slightly different views insofar as this High Court is concerned in case of Commissioner v. Small Industries Development Bank of India reported in : 2014 (307) ELT 417, it clearly held that the Tribunal in appropriate cases may extend the stay even beyond 365 days from the date of initial grant of stay. The Court held and observed as under: