CBEC to officials: Kill delays, deliver quality judgmenthttps://indianexpress.com/article/business/business-others/cbec-to-officials-kill-delays-deliver-quality-judgment/

CBEC to officials: Kill delays, deliver quality judgment

Acknowledges not passing orders in time earned it the wrath of various courts, appellate authorities.

Irked by extensive delays in passing adjudication orders, the central board of excise and customs (CBEC) has rapped its field officials and asked them to strictly adhere to the time limit for passing adjudication orders, cautioning that failure to do so will be viewed “seriously” by the Board.

In a letter to all chief commissioners and direct generals, the CBEC raised concerns over the fact that despite various monitoring mechanisms in existence, “such occurrence could not be avoided… all adjudicating authorities are directed to pass adjudication orders within the time limits as prescribed, so that such instances are not repeated in future.”

[related-post]

Expressing dismay over a case where the showcause notice was not adjudicated for as long as 17 years, the Board pointed out that not passing these orders within the time limit has also earned the wrath of various courts and appellate authorities, while weakening the department’s case.

“In several cases showcause notices have been quashed and the department has been prohibited from passing any adjudication order by high courts due to delay,” the CBEC said.

Advertising

As such, the department has been at the receiving end when it comes to litigation management. Last year the department had set up a system of monitoring and handling the litigation at the field level to prevent delays in responding to the directions of the courts after the scathing observation of the Principal Bench of CESTAT.

Instructing its officials to issue show-cause notices after thorough examination and on the grounds which are cogent, sustainable, and backed by legal provisions and pronouncements, the CBEC has also told its officials to pass quality adjudicating orders which can stand legal scrutiny of appellate authority.

Urging the officials to pass adjudication orders within the specified time, the CBEC said that the field officials should follow judicial discipline while deciding pending show case notices and appeals.

“Instructions issued with regard to the threshold limit for filing appeals before various fora must be applied scrupulously. The system of monitoring and handling the litigation at the field level to prevent delays should be strengthened,” the Board said.

Hard talk

Expressing dismay, over a case where the showcause notice was not adjudicated for as long as 17 years, the Board pointed out that not passing these orders within the time limit has also earned the wrath of various courts and appellate authorities, while weakening the department’s case.

Urging officials to pass adjudication orders within the specified time, the CBEC said that the field officials should follow judicial discipline while deciding pending show case notices and appeals