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High Court criticizes Revenue Dept's delay in establishing CESTAT Bench at Allahabad. Secretary to explain. The High Court expressed dissatisfaction with the Department of Revenue's lack of compliance with court orders to establish a permanent Bench of CESTAT at ...
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High Court criticizes Revenue Dept's delay in establishing CESTAT Bench at Allahabad. Secretary to explain.
The High Court expressed dissatisfaction with the Department of Revenue's lack of compliance with court orders to establish a permanent Bench of CESTAT at Allahabad. The Court criticized the delaying tactics and contemptuous behavior, directing the Secretary of the Department of Revenue to explain the obstacles. The Ministry's temporary allocation of a building was deemed insufficient progress, considering the decision made in 2013. The Commissioner of Central Excise, Allahabad, was tasked with ensuring the handover of the allocated building to the Tribunal. All relevant officers were required to appear and submit personal affidavits for further consideration.
Issues: Failure to comply with court orders regarding the establishment of a permanent Bench of CESTAT at Allahabad.
Analysis: The High Court expressed dissatisfaction with the Department of Revenue's lack of compliance with court orders. The Court noted that an affidavit was filed by an Under Secretary but the concerned person did not appear before the Court, which was deemed contemptuous. The Court criticized the delaying tactics employed by the Department, emphasizing the importance of proper compliance with court orders to facilitate the functioning of the Court. The petition, filed in April 2015, sought the establishment of a permanent Bench of CESTAT at Allahabad. Despite more than 8 months passing, the Ministry of Finance had not located a suitable place. The Ministry's temporary allocation of a building for one year was seen as insufficient progress, especially considering the decision made in 2013 to establish a Bench at Allahabad. The Court directed the Secretary of the Department of Revenue to appear and explain the obstacles preventing the establishment of the Bench. Additionally, the Registrar of CESTAT was instructed to provide an update on the progress made in this regard. The Commissioner of Central Excise, Allahabad, was tasked with ensuring the handover of the allocated building to the Tribunal and filing an affidavit confirming the same. The matter was listed for further consideration, with all relevant officers required to appear and submit personal affidavits on the specified date.
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