CESTAT Notification, Filing of paper book in 2 pen drives and hearing through video conferencing

Notification No.1/2020

In exercise of the powers conferred by Section 129C of the Customs Act, 1962 (52 of 1962) read with Section 35D of the Central Excise Act, 1944 (1 of 1944), Section 86 of the Finance Act, 1994 and Section 9C of the Customs Tariff Act, 1975, the President, Customs, Excise and Service Tax Appellate Tribunal amends the Customs, Excise and Service Tax (Procedure) Rules, 1982 as follows with immediate effect. 

1. Sub-rule (1) of Rule 8 is substituted as follows:

“(1) Every Memorandum of Appeal or Cross Objection shall set forth concisely and under distinct heads, the Statement of Facts, Grounds of Appeal, or Grounds of Cross Objection, as the case may be, consecutively numbered and typed in double space of the paper. They shall also contain a valid mobile number and e-mail address of both the Appellant(s) and the Respondent(s).

2. New Sub- Rule 4 is added to Rule 8 as follows:

“(4) The verification of every Memorandum of Appeal or Cross Objection or Miscellaneous Application filed on or after the date of publication of this Notification shall state that the soft copy of the Appeal Memorandum or the Cross Objection or the Miscellaneous Application and the Document filed therewith are the true copies of the original.”

3. New Sub Rule 5 is added to Rule 9 as follows:

“(5) Every Memorandum of Appeal or Cross Objection and the documents filed along with such Appeal or Cross Objection shall be accompanied by its soft copy stored in two pen drives.”

4. New Sub Rule (8) is added to Rule 16 as follows:

“(8) The soft copies of the Paper Book shall also be stored in two pen drives and filed along with such Paper Book.”

5. New Sub Rule (3) is added to Rule 19 as follows:

“(3) Notwithstanding anything contained in Sub Rule (1) of this Rule, the President may, by a separate Notification, allow the hearing of Appeal or Cross Objection through appropriate video conferencing platform in the manner as may be notified.”

6. Sub Rule (5) of Rule 28A is substituted as follows:

“(5) Every application for the stay shall be accompanied by three copies of the relevant orders of the authorities of the department concerned, including the appellate order if any, against which the appeal is filed to the Tribunal by the Appellant and other documents if any. The soft copies of the stay application, the relevant orders, and the documents shall also be stored in two pen drives and filed along with such application.”

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