BRIGHT GEMS CO. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) This application seeks extension of stay of recovery. It is submitted by Ld. Counsel that a part of the amount is lying in deposit with the department. It is also pointed out by both sides that the question whether stay of recovery granted by the Tribunal under Section 35 F of the Central Excise Act, 1944 can be extended notwithstanding the latest amendment to Section 35 C of the said Act is still pending before a Larger Bench of this Tribunal. In view of these submissions, we are inclined to extend the stay till final disposal of the appeal.