August 2009
Reference to Larger Bench : In all Larger Bench matters registry should provide copies of appeal papers and issue notice of hearing to Bar Association : S. 129C(5) of the Customs Act, 1962.
By Dr. K. Shivaram, Ajay R. Singh, Advocates
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Reference to Larger Bench : In all Larger Bench matters
registry should provide copies of appeal papers and issue notice of hearing to
Bar Association : S. 129C(5) of the Customs Act, 1962.
[ Amit Sales v. Commissioner of Central Excise, Japipur-I,
2009 (238) ELT 467 (Trib. L.B.)]
A Division Bench taking into account the submission made by
the appellant referred the matter to Larger Bench.
On behalf of Bar it was submitted that in respect of Larger
Bench cases as per direction of the Hon’ble President, copies of appeal papers
as well as referral orders along with hearing notice were required to be given
to Bar Association. This practice was being followed generally in all Larger
Bench matters. However, in this particular case, the Bar Association has not
been given a copy of these papers.
The Tribunal observed that the issues considered by the
Larger Bench has wide implication and if there is a decision already taken to
enlist the views of the members of the Bar and that if this practice was being
followed, the registry should follow the same in this case also. The registry
was directed to do the needful in this regard. The notice was to be given to
the appellants as well as to the Bar Association for the next date of hearing.
