Filing of civil appeals against CEGAT orders in the Supreme Court
Circular
No. 349
dated 31st October 1997
The
Board has observed with concern that some of the Commissioners are not yet
observing the Board's instructions contained in Board Circular No. 313/29/97-CX
(F.No. 390/107/97-JC) dated 6.5.97 as well as Circular No. 332/48/97-CX (F.No.
390/107/97-CX) dated 9.9.97. Copies of these circulars with enclosure of Law
Ministry letter No. 34 (6)-97-IWSU dated 12.5.971 are enclosed for
ready reference.
2.
The proposals for Civil Appeals being received from some of the
Commissioners are still delayed. making them almost in fructuous. Further it is
observed that the proposals are being sent by the officers other than
Commissioner without any mention of Commissioner's approval. It is again
emphasised that the proposals for Civil Appeals in all cases should be submitted
to the Board's office within 10 days of the receipt of the CEGAT Order in the
Commissionerate alongwith necessary RMS and Paper Books and the same should be
made either by Commissioner or with his approval. Any proposal received
otherwise would not be treated as proposal.
3.
In case of any delay beyond 10 days from the date of receipt of the CEGAT
Order in the Office of the Commissioner, a time chart explaining day-to-day
delay and justificatory reasons must be furnished so that the delay could be
explained, as required, before the Supreme Court while making application for
condonation of delay. In such cases of delay, wherever necessary, the concerned
Commissioners should also fix the responsibility for delay and take/ initiate
necessary action against the responsible officers and send a report to the
Board.
4.
Further the proposal for Civil Appeal should be made only in deserving
cases after examining the case laws. A copy of the communication No. 2396/96/
CBEC/CAS dated 16.9.971 received from Deputy Government Advocate in
this regard is enclosed herewith for information and necessary action.
5.
These instructions should be complied with strictly.
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