9911796707
TMI Blog2008 (6) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... es - appeal was rightly filed with this Bench and must be heard by this Bench - Held that: - when the appellant seeks a transfer to another Bench within whose jurisdiction he resides, such application cannot be entertained by this Bench without reference to the President - Rule 41 of the CESTAT (Procedure) Rules, 1982 cannot be invoked by the appellant for transfer of his appeal - C/148/2008 - 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Bench. In the present application, it is submitted that the appellant is residing at Mumbai and, therefore, he can prosecute the case at Mumbai in a cost-effective manner if transfer of the case to the West Zonal Bench is allowed. The applicant has also relied on an Order No. M/212/08/CII/ WZB/2008 dt. 15-5-2008 passed by the West Zonal Bench (Mumbai) in a similar transfer application. It appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s application. For him, no doubt, it will be convenient to prosecute the case at Mumbai. At the same time, the department would find it easier to conduct the case at Chennai. Nevertheless, the procedure of transfer of an appeal from one Zonal Bench to another Zonal Bench is part of the procedure of the Tribunal which is governed by sub-section (6) of Section 129C of the Customs Act. The power conf ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
