Case Law Details
CESTAT Bar Association Vs. M/S Om Shiv Transport (Allahabad High Court)
Allahabad High Court on an application filed by CESTAT Bar Association, Allahabad (Writ Tax No. 354 of 2015) has stayed the operation of the Notification dated 10-10-2017 providing for transfer of appeals from CESTAT Regional benches to the CESTAT bench at Delhi with the consent of the parties on the plea that such notification is without authority of law as the CESTAT cannot change the jurisdiction which is already carved out by the Union Cabinet and moreover, consent of parties does not confer jurisdiction.
Full Text of the High Court Judgment / Order is as follows:-
Heard Sri Nishant Mishra, learned counsel for the applicant, Sri Gautam Chaudhary, learned counsel for the Registrar CESTAT, respondent no. 2, Sri Ashok Mehta, learned senior counsel assisted by Sri B.K.S. Raghuvanshi, learned counsel for the respondent no. 1 and learned Standing Counsel for respondent no. 6.
This is an intervernor’s application filed under Order 1 Rule 8A read with Section 151 CPC on behalf of the Customs Excise and Service Tax Appellate Tribunal Bar Association through its President.
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