CESTAT issues Order Directing Members to Pass Detailed Order of Decisions Pronounced in Open Court within 3 weeks

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) issued an order on 9th August 2023 directing the members to Pass Detailed Order of Decisions Pronounced in Open Court within 3 weeks. The Supreme Court, by Judgment dated October 29, 2020 in Civil Appeal No. 3564 of 2020, has emphasised the need for promptness in delivery of judgments especially in cases where the result is known but not the reasons. This deprived an aggrieved party of an opportunity to seek further judicial redressal in appeal. The Order was, therefore, amended by Order dated February 22, 2021. The order states that “Now, the Hon’ble President directed that Order dated February 22, 2021 amending Clause 5 of Order No. 4 of 2009 dated 17.072009, as amended by Order No. 1 of 2010 dated 6,01.2010, shall be substituted as follows: "5 (a) In all cases where the operative part of the decision is pronounced on the date of hearing in the open court, detailed order shall be passed at the earliest and preferably within a period of three weeks. If the order is not passed within two weeks from the date of hearing, the SPS/Steno shall bring this to the notice of the Member concerned, so that order can be passed within three weeks. The SPS/Steno shall inform this to the Deputy Registrar also. (b) In cases where detailed order is not passed and uploaded within a period of one month from the date of the conclusion of the hearing, a list of such cases shall be uploaded on the website by the respective Registry." The order was in pursuance with the circular number F. No. 01(05)Circular/CESTAT/2023. Thus, it has made clear that the member should pass the detailed order as earliest, however, preferable 3 weeks. If it doesn't pass within 2 weeks, the stenographer has to inform the CESTAT Members. The Supreme Court, by Judgment dated October 29, 2020 in Civil Appeal No. 3564 of 2020, has emphasised the need for promptness in delivery of judgments especially in cases where the result is known but not the reasons. This deprived an aggrieved party of an opportunity to seek further judicial redressal in appeal. The Order was, therefore, amended by Order dated February 22, 2021. The order states that “Now, the Hon’ble President directed that Order dated February 22, 2021 amending Clause 5 of Order No. 4 of 2009 dated 17.072009, as amended by Order No. 1 of 2010 dated 6,01.2010, shall be substituted as follows: "5 (a) In all cases where the operative part of the decision is pronounced on the date of hearing in the open court, detailed order shall be passed at the earliest and preferably within a period of three weeks. If the order is not passed within two weeks from the date of hearing, the SPS/Steno shall bring this to the notice of the Member concerned, so that order can be passed within three weeks. The SPS/Steno shall inform this to the Deputy Registrar also. (b) In cases where detailed order is not passed and uploaded within a period of one month from the date of the conclusion of the hearing, a list of such cases shall be uploaded on the website by the respective Registry." The order was in pursuance with the circular number F. No. 01(05)Circular/CESTAT/2023. Thus, it has made clear that the member should pass the detailed order as earliest, however, preferable 3 weeks. If it doesn't pass within 2 weeks, the stenographer has to inform the CESTAT Members. Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates