Page 36 - ELT_1st July 2020_Vol 373_Part 1
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A10                         EXCISE LAW TIMES                    [ Vol. 373

                                     vice of the notice of the filing of the appeal on him, or within two weeks of the
                                     service of the notice of the filing of the appeal on him, or within two weeks of the
                                     service of the paper book, whichever is later. All paper books shall contain clear-
                                     ly legible documents duly paged, indexed and be tagged firmly.
                                            The new amendment is by way of insertion of new sub-rule (8) which
                                     provides that the soft copies of the paper book shall also be stored in two pen
                                     drives and filed along with such paper book.
                                            Thus, apart from physical filing of paper book, henceforth paper book
                                     being filed shall also be stored in two pen drives and filed along with such paper
                                     book. It may be noted that physical filing has not been done away with, but addi-
                                     tionally two pen drives are also to be submitted with paper filings.
                                     Hearing of appeal (Rule 19)
                                            Rule 19 deals with hearing of appeals before the Tribunal. Accordingly,
                                     on the day fixed, or on any other day to which the hearing may be adjourned, the
                                     appellant shall be heard in support of the appeal. The Tribunal shall then, if nec-
                                     essary, hear the respondent against the appeal and in such a case the appellant
                                     shall be entitled to reply.
                                            A new sub-rule (3) has been, inserted in Rule 19 to provide that notwith-
                                     standing anything contained in sub-rule (1) of this Rule, the President may, by a
                                     separate notification, allow the hearing of appeal or cross-objection through ap-
                                     propriate video-conferencing platform in the manner as may be notified.
                                            Thus, it has now been provided that henceforth hearing of appeal/cross-
                                     objection may be held by way of appropriate video-conferencing platform in a
                                     prescribed manner.
                                            It may be noted that this rule is a non obstante clause and shall over-ride
                                     sub-rule (1) which provides for personal hearing on the appointed day. In this
                                     regard, two notifications shall have to be issued for :
                                            (a)  Allowing hearing of  appeal or cross-objections  through video-
                                                 conferencing, and
                                            (b)  Manner of hearing through  appropriate video-conferencing
                                                 platform.
                                            Since the notification amending rules comes into effect w.e.f. 11-5-2020
                                     itself, it  appears that such provision may apply to existing appeals/cross-
                                     objections, etc. pending before the Tribunal.
                                     Procedure for filing and disposal of stay petitions (Rule 28A)
                                            Rule 28A provides for the procedure for filing and disposal of stay peti-
                                     tions. According to existing sub-rule (5), every application for stay shall be ac-
                                     companied by three copies of the relevant orders  of the authorities of the de-
                                     partment concerned,  including the appellate orders, if any,  against which the
                                     appeal is filed to the Tribunal by the appellant and other documents, if any. It
                                     shall not be necessary for the application to file copies of the documents which
                                     have already been filed with the related appeal.
                                            This sub-rule (5) has now been substituted to provide that every applica-
                                     tion for stay shall be accompanied by three copies of the relevant orders of the
                                     authorities of the department concerned, including the appellate orders, if any,
                                     against which the appeal is filed to the Tribunal by the appellant and other doc-
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