Amendment to Cegat (Procedure) Rules

In exercise of the powers conferred by sub-section (6) of section 129C of the Customs Act, 1962
(52 of 1962), read with sub-section (1) of section 35D of the Central Excises and Salt Act, 1944
(1 of 1944) and sub-section (1) of section 81B of the Gold (Control) Act, 1968 (45 of 1968), the
Customs, Excise and Gold (Control) Appellate Tribunal makes the following further amendment
in Tribunal Order No. 3 of 1982, dated the 18th October, 1982 :After the existing paragraph 4, the following paragraph shall be inserted :4A. (1) Notwithstanding anything contained in paragraphs (1)
to (4) above, or in Order No. 137 of 1983, dated the
19th September, 1983, (a) applications for
condonation of delay in filing appeals, and (b) stay
applications in Special Bench matters, which have
been filed in the Registry of any of the Regional
Benches located at Bombay, Calcutta and Madras
under the provisions of rule 6 of the Customs, Excise
and Gold (Control) Appellate Tribunal (Procedure)
Rules, 1982 and of Public Notice No. 1 of 1986 dated
the 31st January, 1986, may be heard by the Members
of the concerned Regional Bench sitting as a Special
Bench (and referred to for convenience as the
Regional Special Bench).
(2)
A Regional Special Bench shall have the authority to pass such orders (for example, for
change of cause title) as it may consider necessary for the purpose of deciding the applications
referred to in sub-paragraph (1) above.
(3)
Where the Regional Special Bench rejects an application for condonation of delay, it is
authorised to pass final orders also on the appeal as well as any other application connected with
the appeal.
(4)
In all other cases, the records shall thereafter be transmitted to the Central Registry of the
Tribunal at New Delhi, and orders on the appeal or on any further application connected with the
appeal shall be passed by the concerned Special Bench located at New Delhi.
Explanation. - For the purposes of this order, the expression stay application shall cover
applications for waiver of the condition of deposit under section 129E of the Customs Act, 1962
or section 35F of the Central Excises and Salt Act, 1944, as the case may be, and also
applications for stay of operation of the orders of the lower authorities by the Tribunal exercise
of its ancillary and incidental powers.
The above amendment shall take effect from the 15th February,2. 1986.
[CEGAT Order No. 8 (Tech.)/1986, dated 31-1-1986]