Will Take Action If Appeal Filing Process Not Streamlined: Supreme Court


Will Take Action If Appeal Filing Process Not Streamlined: Supreme Court

Will Take Action If Appeal Filing Process Not Streamlined: Supreme Court

New Delhi:

The Supreme Court on Friday took critical exception to the failure of finance division officers in finalising a proposal to streamline the method of submitting appeals involving income and oblique taxation issues and warned it is not going to hesitate to provoke contempt towards them and take coercive motion.

A bench of Justices DY Chandrachud and MR Shah took notice of repeated adjournments sought in an enchantment towards the order of the Customs Excise and Service Tax Appellate Tribunal filed with a delay of 536 days.

The high courtroom sought the presence of Solicitor General to which it was informed that he was arguing the matter in another courtroom.

The bench stated, “This is shocking. This court passed the order on February 15 on the proposal which was submitted by the Solicitor General Tushar Mehta and since then adjournment has been sought on one pretext or another. If something concrete does not come out by the next date of hearing, this court will not hesitate to initiate contempt against concerned officials and take coercive action”.

The bench informed Additional Solicitor General Balbir Singh that it’s for the advantage of the division that this proposal was sought to be ready however as an alternative officers don’t appear to grasp.

“There were several appeals filed even with delays of over 10 years but we had condoned the delay depending on the case but this could not be a practice”, it stated.

On February 15, Mehta positioned a notice earlier than the bench after deliberation with senior union authorities officers together with the finance secretary and regulation secretary and the chairpersons of the Central Board of Direct Taxes and Central Board of Indirect Taxes and Customs.

In the notice it was submitted that each Boards have issued directions outlining the timelines for various ranges for processing of a case for submitting an Special Leave Petition to make sure that enchantment is filed throughout the stipulated time-frame of 90 days.

The proposal stated that there must be a Committee in every Board (CBDT and CBIC) consisting of-Member (Judicial)-chairman, Director General of the Directorate in-charge for litigation management-convener, Commissioner (Judicial), Legal advisor for division of authorized affairs, and Central Government Standing Counsel.

It stated that the Committees of the each Boards ought to meet each week at a hard and fast time (say, each Tuesday at 5 pm) one after one other and take the ultimate determination on whether or not to file an SLP or not and solely in distinctive instances of disagreement, matter may very well be processed on file between Department of Revenue and Department of Legal Affairs and even SG/ASG.

In the conferences the Finance Secretary had stated that there are round 20-22 SLPs being filed between each the Boards each week and the Committee ought to be capable to take fast choices chopping down motion of information by way of numerous ranges.

The Law Secretary had additionally identified that it’s motion of information inside numerous ranges within the departments that consumes more often than not and had steered that the instances must be monitored by way of software program with alert mechanisms and time stamps in order that delays are averted.

The high courtroom had taken the proposal on file and steered the necessity to incorporate technological improvements within the strategy of monitoring litigation involving the income arm of the union authorities.

It had stated that with a view to facilitate additional deliberations by the authorities of the Union authorities, it’s posting the matter for additional listening to on March 15, and sought a consolidated proposal additionally incorporating technological modalities to be positioned earlier than the Court on the subsequent date of itemizing.

On February 10, the highest courtroom had stated that the union authorities, within the Department of Revenue should discover a solution to this state of affairs by guaranteeing that issues that are required to be litigated are litigated with all vital dispatch and issues unfit of being pursued are set to relaxation.

(This story has not been edited by India07 workers and is auto-generated from a syndicated feed.)


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