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Review of adverse CEGAT Orders - Need for filing of the CAs expeditiously, wherever necessary.

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....-CX (F.No. 390/107/97-JC) dated 9th June, 1998 emphasising against the need for submission of CA proposals, complete in all respects, within 10 days of the receipt of the CEGAT Orders. In the above matter, recently Attorney General for India has also expressed his concern over delay in a case and had written to the Hon'ble F.M. who observed that this was quite serious. The Deputy Govt. Advocate has also written to the CBEC. Copies of their communications are enclosed herewith. Secretary (Revenue) has also desired, considering the A.G/s letter, an immediate compilation of lists of all such cases for the last two years where such defaults have occurred. Whereas the list is under preparation, it has been desired that the Commissioners may n....

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....e matter was listed before the Supreme Court on 31.7.98. On behalf of Department Shri Soli J. Sorabjee, Attorney General of India engaged to argue the matter. Since there was delay of 310 days in filing the SLP the Court dismissed the SLP on the ground of delay. In this connection, Shri Soli J. Sorabjee has given a detailed note in which he has indicated that the Department has a excellent case on merits in as much as the appeal on which the High Court had relied for quashing the Show-Cause Notice was subsequently reversed by the Supreme Court. The learned Attorney General has desired that thorough enquiry be instituted into the cases for the delay in filing the SLPs and appeals beyond the period of limitation in the instant case. I am e....

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....nbsp; CBEC sent the file with its views to Ministry of Law.  15.1.98  Ministry of Law asked CBEC to place on file copies of Writ Petition and Counter Affidavit for proper examination of the matter. 27.2.98  Ministry of Law sent the file to Central Agency Section for obtaining opinion of one of the Law Officers as to fitness of the case for filing SLP. 2.3.98  Dy. Govt. Advocate sent the file to Addl. Solicitor General.  11.3.98  Addl. Solicitor General opined that it was fit case for filing SLP.   6.3.98  Central Agency Section sent the file to panel counsel for drafting SLP and application for codonation of delay.  13.4.98  Panel counsel submitted....