TIOL-DDT 2074 · Thursday, 28 March 2013 · story 1 of 9

Karnataka HC delivers an eye opening judgement

WHILE disposing a batch of Writ Petitions filed against recovery proceedings initiated by the Central Excise department during the pendency of stay applications (Draconian Circular 967), the High Court of Karnataka observed:

I am compelled to observe so, regard being had to the fact that the Union of India has failed to set up large number of Tribunals such as CESTAT and if this is done, then there would be no cause for complaint over the non-consideration of the applications for stay, in appeals, by only one Tribunal, presently functioning at Bangalore. This should be an eye opener for Union of India to establish and constitute any number of Tribunals in all the States in the Country.

Will Union of India open its eyes and open new benches of the Tribunal? It seems the Benches at Hyderabad and Kochi are already sanctioned. The previous President was not inclined to open new benches. Let us hope the new President would take this forward.

In the meanwhile, if they can't start new benches of the Tribunal, can't they at least withdraw the much maligned Circular?

Please also see today's Cob(Web) Column.

See

cited in this story