High Court orders CESTAT Bench at Allahabad
THE Division Bench of Allahabad High Court is learnt to have issued direction yesterday (12-5-2015) to the Union of India to make the Allahabad Bench of CESTAT functional w.e.f. 21-7-2015 and to list fresh matter before the said Bench.
Earlier on 8-4-2015, the Allahabad High Court Bench comprising of Justice Dr. Satish Chandra and Justice Arun Tandon directed the officials concerned of the Ministry of Finance to file affidavits explaining as to why the Union of India is failing to enforce Notification No. 7/2013, dated 1-11-2013 pertaining to the establishment of CESTAT Benches at Allahabad, Hyderabad and Chandigarh. The Affidavits were required to be filed by 27-4-2015 but no affidavits were filed. However, on 27-4-2015 the High Court gave final opportunity to the officials to file the affidavit positively by 12-5-2015 or otherwise to remain present in the court. In these circumstances the Allahabad High Court has ordered for the functioning of CESTAT bench at Allahabad from 21-7-2015
In a related development, the Punjab & Haryana High Court is also understood to have directed the Government to make available the building for CESTAT Bench at Chandigarh by 31st July, 2015.
As for the Hyderabad Bench, it is understood that a building has been procured but there seems to be paucity of funds. Hyderabad had three Circuit Bench sittings chaired by the President and a fourth one is scheduled in the last week of this month. Hopefully Hyderabad Bench will also function along with Allahabad and Chandigarh.