Provisions for appeal to CESTAT
1. Filling of Form and application for appeal -
· Appeal to tribunal shall be made in Form no.E.A.-3 in quadruplicate with copy of order appealed against.
· The memorandum of cross objection should be filed in Form no. E.A.-4 in quadruplicate within 45 days of receiving of notice of such appeal. It should be duly verified. The cross objections should be serially numbered and under different heads.
· Departmental appeal should be filed in Form no. E.A.-5 in quadruplicate accompanied with equal number of copies of order appealed against (one of them shall be certified) and a copy of the order passed by the Board directing such Commissioner to apply to the Appellate Tribunal. If appeal is to be heard by larger bench, additional copies have to be supplied.
· Appeal should be filed within the jurisdiction of CESTAT bench where the factory is situated or where its head office, or registered office or place of residence is situated irrespective of the place where the authority which has passed the order is situated.
· Appeal, cross objections etc. can be filed either in person or by registered post to the Registrar or Assistant registrar of respective bench.
· The appeal must be accompanied by a fee. The fee is payable according to the amount of duty, interest demanded and penalty levied.
Amount of duty, interest and penalty levied
Fee for filing appeal
Less than or equal to Rs. 5 lakhs
Between Rs. 5 lakhs to Rs. 50 lakhs
Exceeds Rs. 50 lakhs
Further a fee of Rs. 500 shall be paid for application made for cross objection or for stay order or for rectification of mistake or for restoration of appeal or for any other purpose. No fee shall be payable in the cases where application is filed by or on behalf of the Commissioner of central excise or where appeal is filed when no duty, penalty or interest is demanded.
· Affixing of court fee stamp, of Rs. 2 on memorandum of appeal and of 50 paisa on copy of order appealed against (advisable to refer to the provisions of state), is required. If it is not affixed, it is curable and appeal cannot be dismissed on this ground.
2. Time limit for filing appeal to CESTAT -
Appeal shall be filed within 3 months from the date of receipt of order to be appealed against i.e. from the date of receiving of order of commissioner of central excise as adjudicating authority and order of commissioner (appeals).
3. Procedure after filing appeal -
· Tribunal on its own can call for any document or examine any witness or ask for filing of affidavit.
· Additional evidence can also be permitted, after recording the reasons in writing, if adjudicating authority had not given sufficient opportunity to party to produce the evidence.
· Tribunal will scrutinize the appeal and any defects found are informed to the party concerned for removal of defects in the specified time otherwise matter will be dismissed and will be restored only if sufficient cause for delay is shown.
· Tribunal shall give an opportunity of hearing to the appellant, if he so desires. If the appellant does not appear, tribunal may dismiss the appeal or can pass ex-parte order. If non-appearance was due to sufficient reasons, the dismissed appeal can be restored.
· Normally, hearing of appeal is done in chronological order. However, tribunal can give early and out of turn hearing if matter is of recurring nature.
· Tribunal after making further enquiry, can pass such orders as it thinks fit confirming, modifying or annulling the decision or refer it back to the authority which passed such order with required directions.
4. Communication of order -
· The appellate tribunal shall hear and decide every appeal within a period of three years, wherever it is possible.
· However if stay is granted by tribunal for recovery, appeal shall be decided within 180 days. If such appeal is not disposed of within the period specified the stay order shall, on the expiry of that period, stand vacated.
· Tribunal may within 6 months from the date of the order amend order passed by it, to rectify any mistake apparent from the record.
· Every order shall be signed by members of the bench with date.