2010 (2) TMI 1035 - AT - Central Excise

Summary

Issues: Delay in hearing stay applications, transfer of matters to Chennai Bench, directions by CBEC, coercive steps for recovery of dues.

In this judgment by the Appellate Tribunal CESTAT Bangalore, the primary issue revolved around the delay in hearing stay applications E/St/671/08 & E/St/161/09 in Appeal Nos. E/916/08 & E/234/09 due to technical reasons. The appellant's counsel highlighted that the stay applications were pending for posting when a Bench with a different Judicial Member was constituted in Bangalore, causing uncertainty about when the applications would be heard. On the other hand, the Jt. CDR mentioned that a decision was made to transfer these matters to the Chennai Bench, but they were not listed for hearing despite a different member Bench sitting in Bangalore.

Upon considering the submissions, the Tribunal found that the Hon'ble President of the CESTAT had directed that these matters should be heard in Bangalore when a Bench with a different judicial member is present. Consequently, the Registry was instructed to post these matters promptly, addressing the delay issue. Additionally, the Tribunal noted that the CBEC had issued instructions prohibiting coercive measures by the departmental authorities during the pendency of stay applications. Therefore, the respondent Commissioner was directed to refrain from taking steps to recover the dues demanded in the impugned orders until a decision on the stay applications was made, ensuring compliance with CBEC directions and protecting the appellant from coercive actions for recovery of dues.

This judgment emphasizes the importance of timely hearing of stay applications, adherence to directives from higher authorities like the CBEC, and ensuring that departmental authorities do not take coercive steps for recovery of disputed amounts during the pendency of such applications, thereby safeguarding the rights of the appellants and maintaining procedural fairness in the adjudicatory process.