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M/s Om Shiv Transport Versus Union Of India and Others

2015 (9) TMI 1150 - ALLAHABAD HIGH COURT

Housing of CESTAT Bench at Allahabad - Transfer of case from CESTAT Delhi to CESTAT Allahabad - Regional Bench of the Tribunal at Allahabad will start functioning in a regular manner with effect from 01.09.2015 onwards. As a consequence thereof all the appeals, which are pending before the Tribunal at New Delhi relating to the State of Uttar Pradesh will stand automatically transfered to the regional Bench at Allahabad. It also follows that the filing of fresh appeals will now be made at Allahab .....

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eals to the regional Bench at Allahabad and also with regard to the filing of fresh appeals under Central Excise Act, Customs Tariff Act, Finance Act and all other relevant laws with effect from 01.09.2015 onwards.

Notification dated 14.08.2015 makes it apparently clear that the regional Bench of Tribunal at Allahabad will start functioning from 01.09.2015. It necessarily means that not only registry of the Tribunal will start functioning at Allahabad from 01.09.2015, but the judicial .....

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Court earlier. - Writ Tax No. - 354 of 2015 - Dated:- 20-8-2015 - Tarun Agarwala and Surya Prakash Kesarwani, JJ. For the Petitioner : Nishant Mishra,S.D. Singh For the Respondent : A.S.G.I.,Gyan Prakash,Ramesh Chandra Shukla,Ravi Prakash Srivastava ORDER We have heard Sri S.D. Singh, the learned Senior Counsel assisted by Sri Nishant Mishra for the petitioner, Sri Ashok Mehta, the learned counsel for the Union of India and Sri R.C. Shukla & Sri B.K.S. Raghuvanshi for the Central Excise Depa .....

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lhi (hereinafter referred to as the Tribunal) are also present in the Court. The District Magistrate in his report has indicated that he had made an inspection of the various places as suggested by the Court in its order dated 11.08.2015 and contended that there is some space available in the Income Tax Appellate Tribunal, Allahabad for temporary use of the Tribunal. Further, a large space is available in the office of the Central Excise Department, Allahabad, which is adjacent to the Income Tax .....

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ring for the Union of India, who in turn will hand it over to the Registrar, Tribunal. The Registrar, Tribunal will consider the suggestion given by the District Magistrate in his report with regard to feasibility of establishing the Tribunal temporary at the place suggested by the District Magistrate and will also consider the suggestion of the District Magistrate with regard to establishing a permanent Tribunal as suggested by him. The Registrar, Tribunal will get in touch with the District Ma .....

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of the land and building belonging to the State Government and/or the land belonging to the Central Government, which can be requisitioned, acquired or purchased for the purpose of housing the Tribunal either on temporary basis or permanent basis. Such report shall be given by the District Magistrate within two weeks from today. The Registrar, Tribunal has filed an affidavit. Upon perusal of the affidavit we are constrained to observe that no concrete effort was made for establishing a Bench at .....

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5 for constituting a regional Bench of the Tribunal at Allahabad in the State of Uttar Pradesh. The jurisdiction of this regional Bench at Allahabad is to deal the appeals arising from the territories within the State of Uttar Pradesh with effect from 01.09.2015 for the time being from room no. 210 & 220, second floor, office of the Commissioner of Central Excise, Customs & Service Tax, 38, M.G. Marg, Allahabad-21100. From the aforesaid notification it becomes apparently clear that the r .....

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es are sent to the parties in pending appeals intimating them about the transfer of their appeals to the regional Bench at Allahabad. The Registrar, Tribunal will issue an advertisement in the leading newspapers, which has a circulation in Delhi as well as in the State of Uttar Pradesh published in English and Hindi within 10 days from today intimating the public about the transfer of the pending appeals to the regional Bench at Allahabad and also with regard to the filing of fresh appeals under .....

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