Difference of opinion – third member – CESTAT revokes a 10 year old order
By CEGAT Order No.6/95 dated 10.11.1995, it was directed, in respect of the matters in which difference of opinion among Members of the Bench was required to be resolved as indicated in Section 129C(5) of the Customs Act, 1962, that it shall be deemed that Members presiding for the time being (over) Single Member Benches at Delhi were nominated to hear difference of opinion cases and that if on any day there were more than one Single Member Benches the difference of opinion cases shall be distributed among them and it shall be deemed that each Member has been nominated in respect of cases distributed to his or her bench.
Now it is felt that this order fetters the powers of the President and so is revoked.
In order to avoid misplacement of the original files, while seeking nomination of the third member, it will not be necessary to forward the original file of the case from any regional bench and it would be sufficient to forward certified copies of the relevant orders made by the differing Member in such matters.
CESTAT ORDER NO. 11 of 2006 Dated: 05.07.06