TIOL-DDT 2053 · Tuesday, 26 February 2013 · story 4 of 4

Three orders-in-original decided under compendious order - SCN by Registry upheld as appellant agreeing to file two addl appeals

A few days ago, we reported the CESTAT decision 2013-TIOL-239-CESTAT-MUM where the Division Bench held thus -

"Rule 6A of CESTAT (Procedure) Rules, 1982 - Only one appeal is required to be filed against one order even though the said order may deal with more than one notice - SCN issued by Registry does not survive and is discharged: CESTAT"

A similar matter had come up before a different Division Bench. Inasmuch as the Registry had issued a show-cause notice pointing out that there were three orders-in-original whereas the appellant had filed only one appeal and that they should file two more appeals.

The Counsel for the appellant sought one week time to file the remaining two appeals and the Bench granted the same.

Incidentally, the Bench also directed the Revenue not to take any coercive action till final disposal of the stay application.

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