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        Central Excise

        2015 (9) TMI 1150 - HC - Central Excise

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        Establishment of Regional Tribunal Bench in Allahabad: Transition & Operational Directions for Effective Judicial Functioning The High Court of Allahabad facilitated the establishment of a regional Bench of the Tribunal in Allahabad, transferred pending appeals to the new Bench, ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                              Establishment of Regional Tribunal Bench in Allahabad: Transition & Operational Directions for Effective Judicial Functioning

                              The High Court of Allahabad facilitated the establishment of a regional Bench of the Tribunal in Allahabad, transferred pending appeals to the new Bench, ensured the commencement of judicial operations from 01.09.2015, and oversaw the appointment of Judicial and Technical Members and necessary staff for the Tribunal. The Court's detailed directions aimed to streamline the transition and operational effectiveness of the Tribunal in the region.




                              Issues: Establishment of a Tribunal Bench in Allahabad, Transfer of pending appeals to the regional Bench, Commencement of judicial functioning at Allahabad, Appointment of Judicial and Technical Members, Appointment of necessary staff

                              Establishment of a Tribunal Bench in Allahabad:
                              The District Magistrate of Allahabad submitted a report suggesting temporary utilization of space in the Income Tax Appellate Tribunal and the Central Excise Department for housing the Central Excise Tribunal. He recommended constructing a third floor for a permanent Tribunal and identified available land for the purpose. The Registrar, Tribunal was directed to consider these suggestions and inspect the premises for feasibility. The District Magistrate was further directed to submit another report on available government land within two weeks. The Tribunal issued a notification on 14.08.2015, establishing a regional Bench at Allahabad to deal with appeals from Uttar Pradesh starting from 01.09.2015.

                              Transfer of Pending Appeals to the regional Bench:
                              All pending appeals related to Uttar Pradesh before the Tribunal in New Delhi were to be automatically transferred to the regional Bench at Allahabad. The Registrar, Tribunal was directed to notify parties in pending appeals about the transfer and issue advertisements in leading newspapers within 10 days to inform the public about the transfer and the filing of fresh appeals at Allahabad from 01.09.2015.

                              Commencement of Judicial Functioning at Allahabad:
                              The regional Bench at Allahabad was set to commence functioning from 01.09.2015, with both registry and judicial operations starting on that date. The Tribunal was permitted to function from 14.09.2015 to 18.09.2015 for September, with regular functioning mandated from October onwards.

                              Appointment of Judicial and Technical Members, Staff:
                              The Registrar, Tribunal was directed to update the Court on the progress of appointing the Judicial and Technical Members, with interviews scheduled for 22.08.2015. Steps were to be taken for appointing necessary staff at Allahabad, and the Registrar was to provide an update on these matters on the next date.

                              Conclusion:
                              The High Court of Allahabad, through a series of orders and directions, facilitated the establishment of a regional Bench of the Tribunal in Allahabad, outlined the transfer process of pending appeals, ensured the commencement of judicial operations, and oversaw the appointment of key personnel and staff for the Tribunal's functioning in Allahabad. The Court's detailed instructions aimed to streamline the transition and operational effectiveness of the Tribunal in the region.
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                              ActsIncome Tax
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