Chennai Bar Also Wants Functioning CESTAT Bench
YESTERDAY, DDT reported about a letter addressed by the Bangalore Indirect Tax Practitioners Association to the CESTAT President for posting a Technical Member at Bangalore CESTAT. DDT also mentioned about the same problem in Chennai. We were told that the Indirect Bar Association of Chennai also has written to the Finance Minister.
G. Natarajan, Secretary of the Bar Association, in his letter to the FM submits,
++ Member (Judicial) post in the Chennai bench of the CESTAT is vacant ever since the retirement of Smt. Jyothi Balasundaram, Hon'ble Vice President on 24.10.2011. Subsequently, the Hon'ble Member (Technical), Shri. C. Satapathy has also retired on 11.07.2012.
++ During the last one year, i.e. from November 2011, the Division bench has functioned only for around 50 days, by way of deputing Members from other benches.
++ More than 7000 appeals and more than 1500 stay petitions are pending before the Chennai bench of the CESTAT. Non functioning of the bench over a continuous period of time is posing serious difficulties for the litigants.
++ As the stay petitions are pending for a long time, the department is time and again resorting to coercive recovery and each time we have to approach the Hon'ble High Court with Writ Petitions. Further, since the stay orders already passed by the bench are expiring upon 180 days, in view of the provisions of 35 C (2A) of the Central Excise Act and similar provisions in respect of Customs / Service Tax, Miscellaneous petitions for extension of stay are also being filed in large numbers, adding to the pendency.
In view of the above, the association has resolved to request the FM to take immediate steps to fill up the vacancies in the posts of Member (Judicial) and Member (Technical) in Chennai bench as early as possible.