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TMI BlogStream-lining departmental response to Supreme Court matters – InstructionsX X X X Extracts X X X X X X X X Extracts X X X X ..... cular No.746/62/2003-CX dated 22.9.2003 issued vide F.No.390/85/2003-JC. 2. It is reiterated that the Commissioner should examine every CESTAT order passed for his jurisdiction and on arriving at a view that the order should be appealed before the Supreme Court non law point involving rate of duty or valuation, the Commissioner shall submit a detailed proposal giving grounds for appeal and all related documents, namely the following:- i) Copies of SCNs along with relied upon documents; ii) Copy of Order-in-Original/Order-in-Appeal iii) Certified copy of CESTAT order indicating date of receipt by the Commissioner along with appeal Paperbook; iv) Board's instructions, if any; v) Copies of relied upon decisions in the CESTAT order alon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etted officer not below the rank of an Assistant Commissioner certifying the correctness of the translation correctness of the translation. It has been the grievance of the officers of the Board that the documents received from the field formations are often illegible and, therefore, care should be taken to send legible copies of the documents. 4. It has also been brought to the notice of the Board, that the proposals for appeal before the Supreme Court against the High Court's orders are initiated on the strength of the copy of the order circulated by the Court on its own motion without applying for the certified copy. The limitation prescribed under the Supreme Court Rules in such matters are calculated from the date of the order and is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s movement. In the event of any delay beyond allocated time, the concerned person delaying the matter will give an explanation for the said delay at the time of onward movement, with dated signature on the flowchart. This may be strictly adhered to by all concerned. Necessary instructions on this should be issued and copy endorsed to this office. 6. Kindly acknowledge receipt. F.No.390/101/2005-JC (Kailash Sethi) Member (L J) ANNEXURE - 1 PROFORMA COMMISSIONER'S COMMENTS/REPORTON TRIBUNAL ORDER 1. NUMBER AND DATE OF THE TRIBUNAL ORDER 2. DATE OF RECEIPT IN THE COMMISSIONERATE 3. ISSUE INVOLVED BEFORE THE BENCH. 4. FACTS OF THE CASE. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Examination of SLP proposale against High Court orders by legal cell - 10 days Case paper sent to Central Agency Section for drafting Appeal / SLP Papers examined by Law Ministry - opinion forwarded to CAS which forwards the same to Law Officer for further opinion as to feasibility of challenging order - 7 days CAS makes file to panel counsel for drafting Appeal /SLP - 1 day Drafting Counsel returns draft appeal to CAS drafting Appeal / SLP - 7 days CAS forwards draft Appeal / SLP to CBEC/Legal Cell, M/o Finance for verring - 1 day Vetted drafts are returned to CAS for filling ..... X X X X Extracts X X X X X X X X Extracts X X X X
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