News Update

GST - Rule 89 - Refund of ITC - 14/2022-CT - Benefit that gets accrued by way of legislation cannot be denied/curtailed moreso when it is clarificatory in nature: HCGST - Refund of ITC - Production of shipping bills - Transmission of energy could not have been visualized when Rule 89(2) was incorporated in the Statute book: HCGST - Requiring petitioners to produce shipping bills, as proof of export cannot be made applicable to electricity as export can only be through transmission line, but not through rail, road or water for which documents can be made available: HCEconomy Needs Synergetic Inputs to fix twin Deficits of Inflation & Rupee fall43 injured in fire at Durga Puja pandals on UPAgriculture Income & ITR 7OPEC+ debate cutting production by 1 million barrels per day; Crude price up by 3%I-T - 6 months' limitation for deciding refund claims is to be followed strictly: HCBrazil’s Presidential elections: Neither candidates get 50% votes; Bolsonaro to face Lula in second round of pollI-T- Customs duty paid for yacht can be allowed as it is not used by assessee for its own personal use and has operated yacht for benefit and use of entities paying operating fee : ITATLanka reduces tax rate on sanitary napkins amid fiscal crisisI-T - No addition on account of bogus sundry creditors can be made, if AO fails to substantiate non-availability of vendors: ITATXiaomi expresses despair over attachment of Rs 5500 Cr assets in IndiaST - No service tax is payable on amount collected towards liquidated damages: CESTATTruss says her Chancellor decided himself to reduce UK’s rate for top tax bracketCX - There is no reason to deny refund when assessee has availed drawback of only the customs duty portion and not of excise duty: CESTATSexual assault case against founder of, China’s one of biggest e-commerce giants, settled in USCX - After 1.4.2011, appellant cannot avail credit on outdoor catering services, thus credit availed for period 1.4.2011 to 30.4.2011 which is part of SCN is not eligible for credit: CESTATIsrael, Lebanon about to hammer out deal on maritime tangled borderCus - First Appellate Authority was correct in allowing appeal thereby ordering provisional release of goods in question and since there is no change in facts, same is followed in case on hand as well: CESTATBurkina Faso’s junta leader agrees to dethrone himselfUkraine war - France’s spirited support being questioned; 2% arms support found lowest in EUDeath toll from Hurricane Ian mounts beyond 80 thus far in Florida & Carolina put togetherMexico braces up for Hurricane OrleneSP’s supremo Mulayam Singh Yadav is in ICU at Gurugram MedantaGovt reduces export duty on petro goods; makes Special Additional Excise Duty NIL for ATF; Rs 3.5 per litre on diesel & Rs 8000 per tonne for petrol125 die in Indonesian stampede after fans invade football ground and police hurl teargas; 180 injuredAnti-hijab fire spreads across Iran; Rallies organised throughout countryKing Charles III not to attend COP27 in Egypt on advice of Truss GovtUS, Venezuela swap prisoners - 7 Americans for 2 relatives of President MaduroUS, Japan & Australian Defence Ministers vow to work against Chinese military ambitionsWIPO’s Global Innovation Index - India walks up to 40th rankFM says IBC law cannot be allowed to lose its teeth and object
CAT scores 91% disposal rate in 5 yrs: MoS

By TIOL News Service

NEW DELHI, AUG 06, 2022: UNION Minister of State (Independent Charge) Science & Technology; Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said here today that under Prime Minister Narendra Modi, Central Administrative Tribunal (CAT) achieved a disposal rate of around 91% in three years and there continues to be a steady rise in the disposal of cases.

Newly appointed Chairman of CAT Justice Ranjit Vasantrao More called on Dr Jitendra Singh and discussed the modalities to achieve almost zero pendency of cases as mandated by the Prime Minister. He said, Modi Government is committed to Transparency and "Justice for All" and the people-friendly reforms taken in the last eight years have benefitted the entire country.

Dr Jitendra Singh said that over 91 percent disposal rate was achieved from 2015 to 2019 under Modi Government, while it was around 89 percent from 2010 to 2014, during the UPA regime. The Minister also referred to clarification by Justice L. Narasimha Reddy, former Chairman, Central Administrative Tribunal that in 2020, the Tribunal recorded the disposal rate of 104 percent despite appointment of Members was delayed on account of the pendency of a Public Interest Litigation in the Supreme Court.

The Minister informed that despite the crippling effects of COVID, CAT benches tried their best to dispose of cases through online mechanisms. During the pandemic situation in 2020 and 2021, a total of 55,567 cases were instituted. Despite the adverse situation, about 30,011 cases were disposed of, with a disposal percentage of 54. In 2021 the disposal rate was 58.6 percent and this was despite the fact that around 18,845 old pending cases of Jammu &Kashmir High Court were transferred to the Jammu Bench of CAT.

On measures to strengthen CAT, Dr Jitendra Singh informed that as on date, recommendations of the Search-cum-Selection Committee (SCSC) have been received in respect of 33 Members and a proposal in respect of 33 Members, CAT has been submitted for seeking the approval of the Competent Authority. The Minister said that in the last week of July, 2022, foundation stones of the construction of Court-cum-office building of the Guwahati Bench of Central Administrative Tribunal and Lucknow Bench of CAT are steps towards this direction.

Dr Jitendra Singh also recalled that after the conversion of the State of Jammu & Kashmir into Union Territories of Jammu & Kashmir and Ladakh, 02 Benches of CAT were established, at Jammu and Srinagar vide notification dated 28.05.2020 for the service matters of employees of Union Territories of Jammu & Kashmir and Ladakh. Jammu Bench was made functional with effect from 08.06.2020, whereas Srinagar Bench was inaugurated by the Minister himself on 23.11.2021.

Administrative Tribunal (CAT) was constituted on 01.11.1985 under the ‘The Administrative Tribunals Act, 1985' for adjudication of grievances and disputes arising out of the conditions of service of an employee appointed to the public services and posts in connection with the affairs of the Union. CAT has 19 regular Benches, 17 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow.

CAT has a sanctioned strength of 70 Members including Chairman (35 Judicial and 35 Administrative). As per the Tribunal Rules, 2021, Chairman can be either Judicial Member or Administrative Member. At present, Chairman, CAT is from the Judicial Stream. Selection of Members in CAT could not be done earlier due to various ongoing court cases in Supreme Court/ High Courts challenging the act/ rules governing the appointment of Members of Tribunals. Hence, the selection process could be initiated only after notification of the Tribunal Reforms Act, 2021 and Rules made there-under.

Out of 19 Benches, 09 Benches have been working from their own buildings and 07 Benches have been working from the space provided by the CPWD in GPOA and 03 in rented buildings. The building for the Jabalpur Bench was completed last year and Jabalpur Bench has shifted to its new building w.e.f. 26.06.2021.During the Financial Year 2022-23, a fund of Rs. 25.00 Crore has been allocated to CAT for construction of buildings for its benches at Lucknow and Guwahati.