A two-judge bench of the Gujarat High Court has stayed the operation of the order passed by the Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ), West Zonal Bench Ahmedabad transferring the jurisdiction of the Customs cases filed prior to 2010 to Regional Bench Mumbai.
Earlier, a Notice issued by the Assistant Registrar Uma Shankar Verma said that “Due to unwanted strike by a few Advocates, the Hon’ble President-CESTAT has decided, at first stage, to immediately transfer the jurisdiction of the Customs cases filed prior to 2010 to Regional Bench Mumbai”. The Notice also informed that for other appeals, necessary instructions will be issued.
This is in the background of the decision of the Ahmedabad CESTAT Bar to boycott the Division Bench sitting at CESTAT- Ahmedabad from 23.04.2018 to 27.04.2018 on ground of unsatisfactory and non-judicial approach of the Division Bench, and also improper behaviour of the Bench in hearing and disposing of cases without proper hearing, and without even allowing the parties to make submissions.
Allowing a Special Civil Application filed by the CESTAT Bar Association, the bench comprising Justice S R Brahmbhatt and Justice A G Uraizee said that “We are prima facie appears to be lack of jurisdiction on the concerned to pass such an order. we are also unable to appreciate or understand the uncanny approach as it evidenced from the order impugned which indicates that the copy of notice is marked to various judicial authorities and Courts.”
Before concluding, the bench added that there is no strike which would attract disproval of any judicial authority and the present order may not be construed as such.
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