Member of CESTAT terminated by the Government

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Member of CESTAT relieved by the Government

AIT News Network

NEW DELHI. The services of Mr PK Das Member(Judicial) posted in Delhi Bench of CESTAT were not extended by the Government on completion of Probation period after which only a confirmed Member can continue. The Member has also submitted his resignation letter few minutes before he was served the relieving letter according to sources.But the resignation letter is again reported to have been withdrawn as ex-Member may move CAT challenging his untimely and unceremonious departure from CESTAT. His removal was shrouded in mystery and he was not given even customary farewell at the time or even after relieving.

The Government is empowered to terminate the services of any Member without assigning any reasons under the Rules. Mr PK Das was not a confirmed Member and a Member is confirmed after 3 years. But just few days before completing 3 years the Member was relieved as he was not found suitable for confirmation after Probation period. It has happened in the history of CESTAT for the first time that a Member is not confirmed and his services are terminated after working for 3 years.

There was also a controversy in the Bench of concerned Member when in open court an allegation was made by Departmental Representatives Mr Sumit Kumar and Mr I. Baig that the Bench was favouring some particular Advocates. This matter had also gone to Revenue Secretary in the form of a Representation by Advocates that there was no favour. Whether any action will be taken in the matter only time will tell but many of those who signed the representation are also worried about fallout of the development.

Almost 70 per cent of cases in Tribunal are handled by couple of Lawyers who had enough face value till now but even that equation has now changed. Practice in Customs Excise & Service Tax Tribunal is considered a lucrative practice as the fees of lawyers is based on stake involved. A well-known lawyer already has a billing of over Rs 100 crore per annum as he filled the vaccuum by entering the field almost 25 years ago at a time when a general lawyer was shy of handling Indirect tax matters.

President of CESTAT Justice Khandeparkar is known as no-nonsense man and has made several significant changes in the working of Tribunal for maintaining sanctity of Tribunal.

Mr PK Das was earlier practising as an Advocate in Kolkata and those who have been an Advocate for 10 years are eligible to be appointed as Member(Judicial) in Tribunal. But after working as Member in CESTAT; they are not eligible to appear before CESTAT .

There are still several vacancies of members in CESTAT and since there is prohibition against practice in CESTAT after retirement; there are few takers for the job. After such incidents only those who do not have any practice at all may apply for the position of Member in CESTAT as their future is bleak. The retirement age of members is 62 years after which they may have to sit at home whereas for those who are in practice Old is gold. An Advocate practising in Delhi Bench of CESTAT has a practice of Rs 5 Crore per annum at the age of 80 as enough work comes in his name as he is in profession for over 20 years. He also knows how to manage the work as he has hired a junior for Rs 20000/- a month who handles all his cases in court whereas he himself handles the fees from his clients in his chamber. When required he also goes to court once or twice a month.

Another lawyer who has excellent networking skills has tied up with lawyers based in Chandigarh, Jaipur, Lucknow, kanpur, Bhopal and Raipur who handover cases after filing appeal, for appearance before CESTAT. He charges flat fees of Rs 10000/- per case and gets almost 100 cases in a month. This way he is assured of above Rs 1 Crore per annum.He manages his work through 2 juniors one of whom is paid Rs 20000/- and another Rs 10000/- a month.

Compared to money made by lawyers the members of Tribunal get salary equal to Additional Secretary to Government of India. They are also entitled to Government accomodation and official vehicle.

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