CESTAT Pendency
THE number of pending cases in CESTAT is still alarming. As on 1.12.2015, there were 98817 regular appeals and 2389 stay matters pending before the CESTAT. Assuming that 1500 cases are disposed in a month, it will take more than six years to clear the pendency and assuming that 1500 new appeals are filed every month, the pendency will remain at over one lakh forever.
The ITAT also has about one lakh cases pending but they have 63 Benches spread over 27 towns, while CESTAT has 16 Benches. Maybe CESTAT should have at least 32 Benches, if we ever hope to clear those pending cases. Just constituting Benches is not enough; the Government should appoint Members as a large number of posts remain vacant. Though the Revenue has affirmed before the Allahabad High Court that six technical Members are appointed, this is nowhere near the solution. The CESTAT has a sanctioned strength of 33 Members and now there are only 22 working Members; four Members will retire this year. Unless the Government fills up the vacancies as and when they arise, vacant Benches will mockingly stare at the system.
The CESTAT President will retire in another two months. We don't know whether they have started the search for a new President. Keeping the office of the President vacant can cause severe damage to the institution.