9911796707
TMI Blog2008 (9) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal is directed against the orders dated 25.07.2000 [2001] (135) E.L.T. 610 (Tri-Del) and 03.06.2005 passed by the Customs, Excise and Service Tax Appellate Tribunal. The delay in filing this appeal has already been condoned by virtue of the order dated 13.02.2007 by our predecessor Bench. 2. This case has arisen in unusual circumstances and this would be apparent from going through the orders passed by this Court on 04.12.2007 and 29.01.2008. In the order dated 04.12.2007 it is noted that after the final order was passed by the Tribunal on 25.07.2000, a rectification application had been filed by the appellant on 10.11.2002, which was dismissed for non-prosecution on 22.03.2004 The order dated 22.03.2004 noted that the applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . R. Sharma, Member (Technical) and Sh. A. C. C. Unni, Member (Judicial). The notice was returnable on 17.01.2008. 5. However, despite such notice, the Registrar of the Tribunal was neither present nor was any nominee on his behalf present. The records were also not made available to the Court. This Court took a serious view of the matter and indicated that in case of non-compliance of its orders, it would have no option but to take coercive steps. The matter was renotified for 29.01.2008. 6. On 29.01.2008 the original file had been produced by the Registrar (Mr S. Chandran) of the Tribunal, who was also present in person. 7. After examining the record available in the original file and particularly page 73 thereof this Court no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat if such matters were allowed to go unchecked, orders passed by the Tribunal would have no sanctity because the same could be changed at will and different conclusions could be arrived at on different dates in respect of the same case. Under the said circumstances, this Court requested the President of the Tribunal to conduct an enquiry into the matter and to indicate the detailed facts so that this Court could take appropriate steps. 9. The President of the Tribunal has submitted a report dated 31.03.2008. The material portions of the report read as under:- "4. It appears to me that after hearing the parties, the Members of the Bench tentatively decided to release the seized gold on payment of redemption fine or, at least, Shri G. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s pronounced. 6. It appears to me that despite signing the order Shri A. C. Unni expressed his dissent resulting in scoring out of the entire order sheet, as recorded, and reserving of order. It is relevant that the appeal was finally dismissed by order which was written by Shri A. C. C. Unni. Apparently, Shri A. C. C. Unni was not in agreement with Shri G. R. Sharma directing redemption of the goods or payment of the amount of redemption fine of Rs 1.50 lakhs and, therefore, insisted on to remove the order. The only thing is that he also signed the order, as recorded, which part apparently is not understandable to me. It may not be out of place to mention that the dispute involved in the appeal appears to be contentious one. In the pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we would also like to make it known to the Tribunal that what has been done in this particular case does not behove of judicial proceedings. Once an order is passed and it is signed by the members, the same cannot be altered unless law provides for a review of the same and that too only after hearing the parties. We are not pursuing the matter in respect of the particular members who were party to the said proceedings because of the request made by the President of the Tribunal and particularly because the said members have demitted office as members of the Tribunal. However, the Tribunal should ensure that such unsavory incidents should not occur in the course of their conduct of judicial proceedings. It is hoped that the President of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
