CBEC
decides to reassign cases pending as on June 30, 2017 at Commissioner (Appeals)
level, among all other jurisdictional officers of the rank of Commissioner
(including Principal Additional Director General / Additional Director
General), as a measure to reduce huge pendency of litigation; Accordingly,
vests such Central Excise Officers with power of passing order-in-appeal w.r.t.
appeals u/s 35 of Central Excise Act and Section 85 of Finance Act that were
filed on or before June 30; While laying down administrative guidelines for
Principal Chief Commissioners / Chief Commissioners to formulate proposals for
reallocation of pending appeals, CBEC states, “In no event should the assessees
be put to inconvenience by creating situations where they have to travel to
other towns and cities to attend hearings.”; Further states, “Proposals for
redistribution should be done in such a manner so that officers who are
relatively familiar with the relevant law are assigned cases. In particular
officers without a background knowledge of service tax law should not be
assigned service tax cases.”; Warns Commissioner (Appeals) of a serious view in
the event of mechanical remanding or hasty dismissal for nonappearance or ex
parte orders, or a mechanical upholding of order-in-original, merely in order
to achieve disposal : CBEC Notification & Circular
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