Circular No. 885/05/ 2009-CX

Circular No.  885/05/ 2009-CX

Dt 30.4.2009

(F.No.275/121/2008-CX.8A)

Government of India

Ministry of Finance

(Department of Revenue)

Central Board of Excise & Customs

            Subject:  Monitoring of pendency of appeals – instructions regarding.

            In supersession of the Circular No. 291/7/97-CX dated 20.1.1997 and considering the present pendency of disposal of appeals by Commissioner (Appeals), the norms of disposal of appeals by Commissioner (Appeals) has been reworked out.

2.         The norms of disposal of appeals by Commissioners (Appeals) with effect from 1.4.2009 are as follows :

(i)            The Commissioner ( Appeals ) should decide 70 cases per month .  However , where the number of appeals pending is less , the  disposal of appeals should not be less  than 60% of the combined total of the opening balance and the monthly receipt. Efforts shall be made to attain the desired objective i.e  the closing balance be  always less than the opening balance of the month;

(ii)         It shall be ensured that no case  remains pending  for more than six months;

(iii)        While taking up the appeals , preference be given to disposal of older cases .

3.                   The format of the report relating to monitoring of pendency of appeals is partially revised as follows:-

      Report for the quarter ending…..

 The Chief Commissioners should send the above quarterly report by 10^th of the month following the quarter along with a complete analysis of the performance of each Commissioner ( Appeals) , vis a vis the norms stipulated as above .

4.         In respect of such adjudicating officers whose orders are found by Commissioner(Appeals) to be of non-speaking nature or suffer generally from non-application of mind or patently wrong interpretation of law or tariff or where adjudication orders are contrary to Board’s instructions squarely dealing with the issue or where there is non-observance of principle of natural justice, Commissioners(Appeals) should send a separate note/report to the Chief Commissioner, with a copy to the concerned Commissioner pointing out the deficiencies citing the specific defective orders so that appropriate remedial measures can be taken in time.   This would help in streamlining the system of  adjudication and appeals at the first stage itself so that  infructuous litigation and appellate work can be avoided .

5.         Hindi version will follow.

6.         Receipt of this Circular may kindly be acknowledged.

Yours faithfully

Sd.

 ( M.D. Singh )

Commissioner (Legal)