TMI Blog2015 (9) TMI 1412X X X X Extracts X X X X X X X X Extracts X X X X ..... ering the impugned judgement. Hence, it was in breach of the CESTAT’s Order No.4 of 2009. Therefore, the order under challenge cannot be sustained and is set aside and quashed. Hence, the appeal is allowed. The Hon’ble President of the CESTAT is requested to place the matter before a Bench within a period of 15 days from the date of presentation of a copy of the xerox certified copy of this order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009 dated 17th July, 2009, which stipulates that if no order is delivered and pronounced within six months after conclusion of hearing it shall be deemed to have not been heard and will have to be listed for fresh hearing only after obtaining prior order in that regard from the Hon ble President of the CESTAT. Since necessary documents are on record, by consent of Mr. Chakraborty and Mr. Saraf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment was delivered after more than six months from the date of hearing, since the Tribunal has considered the submission of the assessee in detail and has passed a well-reasoned order and the matter has been remanded, no order may be passed. There is no dispute that pursuant to the judgment of the Supreme Court in Anil Rai vs. State of Bihar [supra] and other judgments of the various High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve to be listed for fresh hearing only after obtaining prior order ****** in that regard from the Hon ble President. Evidently, we find that the hearing of the appeal before the CESTAT was concluded on 29th October, 2014 and the judgment was delivered on 11th May, 2015. Thus, there was a delay of more than six months in delivering the impugned judgement. Hence, it was in breach of the CESTAT s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expeditiously. In view of the submission made, the Secretary, Ministry of Finance, Government of India is requested to ensure that steps are taken expeditiously to fill up the vacant posts of members in CESTAT, Eastern Zonal Bench, Kolkata. The Registrar, Original Side is directed to send a copy of this order to the Secretary, Ministry of Finance, Government of India for initiating steps. No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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