2014 (9) TMI 581 - HC - Central Excise

Constitution of bench of CESTAT as Chandigarh - Held that - The grievance aired by counsels appears to be bona fide, particularly when the endeavour is to make justice easily accessible and affordable. A large number of litigants are unable to file appeals as they have to travel to Delhi, requiring them to expend time and large sums of money. However, as jurisdiction to establish Benches of the Custom, Excise & Service Tax Appellate Tribunal vests with the Ministry of Finance, Government of India, a recommendation is made to the Secretary, Ministry of Finance, Government of India to consider the feasibility of establishing a Bench of the Custom, Excise & Service Tax Appellate Tribunal, at Chandigarh. - Petition adjourned.

Summary

Issues:
1. Requirement for the petitioner to file an appeal.
2. Accessibility of the Custom, Excise & Service Tax Appellate Tribunal for assessees in Punjab, Haryana, and Chandigarh.
3. Recommendation for the establishment of a Bench of the Tribunal at Chandigarh.

Analysis:
1. The judgment acknowledges the need for the petitioner to file an appeal based on a previous order. The counsel for the petitioner concedes to this requirement, leading to the grant of liberty to file the appeal within a specified timeframe, with a consideration for the question of limitation.

2. The judgment addresses the issue of accessibility to the Custom, Excise & Service Tax Appellate Tribunal for assessees in Punjab, Haryana, and Chandigarh. It highlights the inconvenience faced by litigants who have to approach a Bench in New Delhi, causing significant time and financial burden. The judgment recognizes the genuine concern raised by advocates for making justice more accessible and affordable.

3. In response to the grievances raised by the counsels, the judgment recommends the establishment of a Bench of the Custom, Excise & Service Tax Appellate Tribunal at Chandigarh. While acknowledging that the jurisdiction to establish such Benches lies with the Ministry of Finance, Government of India, a recommendation is made to the Secretary of the Ministry to consider the feasibility of setting up a Bench in Chandigarh to address the challenges faced by litigants in the region.

Overall, the judgment not only addresses the specific appeal filing requirement for the petitioner but also delves into the broader issue of enhancing access to justice by recommending the establishment of a Tribunal Bench in Chandigarh. The detailed analysis reflects a balanced consideration of legal obligations and the practical challenges faced by litigants, aiming to improve the efficiency and affordability of the legal process for all stakeholders involved.