CESTAT Retirement Age - Ministry asks TIOL to remove Notification
ON 12.09.2012, carried the news that the CESTAT Recruitment Rules have been amended to extend the retirement age of CESTAT President and Members. We had carried the notification issued by the Finance Ministry.
On 18.09.2012, carried the news that the notification extending the retirement age is being withdrawn.
We were correct on both the occasions.
Now, the Ministry informs us:-
It is submitted that your website www.taxindiaonline.com is carrying an article under its 'DDT' segment stating that important changes have been made in the service conditions of Members of CESTAT. The article gives link to a DOR notification issued from F.No.A.50050/22/2011-81C(CESTAT) dated 31.08.2012.
2. It is clarified in this regard that no such notification has been notified by the Government. The said notification is only in a draft stage which is yet to attain finality. It is accordingly requested that the aforesaid article and the so called notification may be immediately removed from your website as continuation of the same will cause unnecessary confusion and may mislead the stakeholders.
As the Government has clarified that the notification was at the draft stage and it is not notified, we should now assume that there is no extension of retirement age - at least as of now.
While at it, another letter from the Ministry to the Government Press, clarifies that the Notification dated 31.08.2012 from F.No.A.50050/22/2011-Ad.IC (CESTAT) was issued inadvertently. The procedure for the notification is yet to be completed. You are therefore requested not to publish it in the official Gazette. Please return it to this Department immediately.
The Conclusion: There was a notification, which was issued inadvertently, and its publication in the gazette has been stopped. We would not like to comment further. Let the issue be deemed as closed.