CESTAT Bench at Allahabad - HC Issues Notice to Finance Ministry
IN a recent order, the Allahabad High Court observed,
We find the Tribunals are extending stay orders because of the non-disposal of the appeal. The non-disposal of the appeals before the Tribunal is also on account that the Additional Benches are not being created. We, accordingly, issue notice to the Joint Secretary, Ministry of Finance, Department of Revenue, Central Government as well as to the Chief Commissioner of the Central Excise, Lucknow to file their personal affidavits. The Joint Secretary will file an affidavit explaining as to why a permanent Bench is not functioning at Allahabad for disposal of the appeals. The Joint Secretary will also explain as to why the Additional Members are not being appointed. The Chief Commissioner of Central Excise, Lucknow will also file an affidavit indicating as to why these appeals against the stay orders are being filed with the limited prayer that the hearing of the appeal should be expedited when the Department knows that the appeals are not being disposed of by the Tribunal on account of pressure of work. The Chief Commissioner of the Central Excise, Lucknow will justify the expenses that has been incurred in the filing of these appeals.
Issue notice to the Registrar, Customs, Excise & Service Tax Appellate Tribunal, Principal Bench, West Block No.2, R.K.Puram, New Delhi-110066. The Registrar will also file an affidavit indicating the number of appeals pending before the Tribunal as on 30.06.2015 and will also indicate the number of appeals which are liable to be transferred to Allahabad Tribunal pursuant to the creation of the Bench vide notification dated 01.11.2013.
The case is posted for 31.07.2015. What will the Government tell the Court?