CESTAT - Regular Allahabad Bench to function from October - Persistent High Court orders
THE CESTAT has notified that the CESTAT Registry will start functioning in Allahabad from 01.09.2015 (Please see ). The Allahabad High Court is persistent. The Registrar of CESTAT and the Allahabad District Magistrate were asked to appear in the Court on 20.08.2015. They did and the High Court gave further directions and posted the case for 07.09.2015. The High Court observed that no concrete effort was made for establishing a Bench at Allahabad in the last two years. If some effort had been made, a Bench would have started functioning a long time ago. It also noted, "The notification dated 14.08.2015 makes it apparently clear that the regional Bench of Tribunal at Allahabad will start functioning from 01.09.2015. It necessarily means that not only registry of the Tribunal will start functioning at Allahabad from 01.09.2015, but the judicial functioning of the tribunal would also commence at Allahabad w.e.f. 01.09.2015. The Court has however, been informed that for the month of September, 2015 the Bench will function from 14.09.2015 to 18.09.2015 since previous notices have already been sent by the Tribunal. We, accordingly, permit the Tribunal to function for the period 14.09.2015 to 18.09.2015."
The High Court directions:
1. The Registrar, Tribunal will consider the suggestion given by the District Magistrate in his report with regard to feasibility of establishing the Tribunal temporary at the place suggested by the District Magistrate and will also consider the suggestion of the District Magistrate with regard to establishing a permanent Tribunal as suggested by him.
2. The Registrar, Tribunal will get in touch with the District Magistrate and take such assistance as required. The Registrar, Tribunal will consider the report of the District Magistrate and inspect the premises including the premises located in the campus of the Central Excise Department at Allahabad.
3. In this regard, the Commissioner, Central Excise Department, Allahabad will give necessary assistance to the Registrar, Tribunal.
4. The District Magistrate is further directed to submit another report indicating the existence and availability or non-availability of the land and building belonging to the State Government and/or the land belonging to the Central Government, which can be requisitioned, acquired or purchased for the purpose of housing the Tribunal either on temporary basis or permanent basis.
5. All the appeals, which are pending before the Tribunal at New Delhi relating to the State of Uttar Pradesh will stand automatically transferred to the regional Bench at Allahabad. It also follows that the filing of fresh appeals will now be made at Allahabad from 01.09.2015 onwards.
6. Registrar, Tribunal to ensure that notices are sent to the parties in pending appeals intimating them about the transfer of their appeals to the regional Bench at Allahabad.
7. The Registrar, Tribunal will issue an advertisement in the leading newspapers, which has a circulation in Delhi as well as in the State of Uttar Pradesh published in English and Hindi within 10 days from today intimating the public about the transfer of the pending appeals to the regional Bench at Allahabad and also with regard to the filing of fresh appeals under Central Excise Act, Customs Tariff Act, Finance Act and all other relevant laws with effect from 01.09.2015 onwards.
8. From the month of October, 2015 the Tribunal should function on a regular basis and not one week in a month, as directed by the Court earlier.
9. Action taken by the Registrar, Tribunal shall be indicated to the Court on the next date.
10. The Registrar, Tribunal will also indicate on the next date the progress with regard to the appointment of the Judicial Member and Technical Member, for which interview is stated to be scheduled on 22.08.2015.
11. In the meanwhile, steps shall be taken by the Registrar, Tribunal for appointment of the necessary staff at Allahabad.
12. List on 07.09.2015, on which date the District Magistrate will file a fresh report. The Registrar, Tribunal will file a fresh affidavit of compliance.
13. The District Magistrate and Registrar, Tribunal will also be present on the next date.
Most probably, the Allahabad Bench will start regular functioning from October, thanks to the persistence of the High Court.
May be the Benches at Hyderabad and Chandigarh will also start functioning if the respective High Courts, so direct.