This appeal against an order directing an early hearing by the Tribunal was allowed despite no substantial legal question, given the appeal's duration and recurring nature.
The appeal is allowed; the Tribunal order is set aside, and the Tribunal is directed to fix a hearing date for March/April 2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.2.2016
CORAM :
The Honourable Mr.Justice V.RAMASUBRAMANIAN
and
The Honourable Mr.Justice N.KIRUBAKARAN
Civil Miscellaneous Appeal No.27 of 2016
M/s.Rane Brake Lining Ltd., Chennai-58. ...Appellant Vs
The Customs Excise & Service Tax Appellate Tribunal, South Zonal Bench, Chennai-6. ...Respondent
APPEAL under Section 130A of the Customs Act, 1962 against the order dated 1.10.2015 made in Misc.Order No.41224/2015 on the file of the respondent herein and appeal against the order of the Commissionier of Customs (Appeals-II), 60, Rajaji Salai, Custom House, Chennai-1, in Appeal C.Cus-II, No.194/15 dated 27.02.2015 and appeal against the order of the Deputy Commissionier of Customs (SUB), Chennai-1, in order in original No.28543/14 dated 13/08/2014.
For Respondent : Mr.A.P.Srinivas
JUDGMENT WAS DELIVERED BY V.RAMASUBRAMANIAN,J
Mr.A.P.Srinivas, learned Standing Counsel takes notice for the respondent.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
To
1. The Customs Excise & Service
Tax Appellate Tribunal,
South Zonal Bench, Chennai-6.
2. The Commissioner of Customs (Appeals-II),
60, Rajaji Salai, Customs House, Chennai.
3. The Deputy Commissioner of Customs(SUB),
60, Rajaji Salai, Customs House, Chennai-1.
+ 1 cc to Mr.S. Murugappan, Advocate SR.7124
+ 1 cc t Mr.A.P. Srinivas, Advocate SR.7978
C.M.A.No.27 of 2016
KJI(CO)
Eu 24.02.16
1 issue framed by the court
Whether a substantial question of law arises in an appeal against an order refusing to fix an early hearing date.
1 provisions across 1 enactments
M/s.Rane Brake Lining Ltd.
The Customs Excise & Service Tax Appellate Tribunal
V.RAMASUBRAMANIAN
N.KIRUBAKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
