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Customs - Highlights / Catch Notes

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Impleading of the Jurisdictional Commissioner as another ...


Tribunal Clarifies Respondent Inclusion: Specific Commissionerate Required, Multiple Respondents Allowed in Appeals.

March 11, 2024

Case Laws     Customs     AT

Impleading of the Jurisdictional Commissioner as another respondent alongwith Commissioner (Adjudication) - The Tribunal examined Rule 12 of the CESTAT Procedure Rules, 1982, which states who may be joined as respondents. It was clarified that the Principal Commissioner or Commissioner concerned should be impleaded as the respondent. The Tribunal interpreted the term "concerned" to mean the Commissionerate issuing the show cause notice, making the Principal Commissioner or Commissioner of that Commissionerate the relevant party to the case. - The Tribunal found that there was no restriction on impleading more than one respondent in appeals filed, especially in cases involving multiple jurisdictions.

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