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Customs, Excise and Service Tax Appellate Tribunal (CESTAT) to commemorate 40 years of glorious and successful journey

Hon’ble Mr. Justice Dinesh Maheshwari, Judge, Supreme Court of India, will preside over as Chief Guest at inaugural function

Hon’ble Mr. Justice Satish Chandra Sharma, Chief Justice of Delhi High Court, will be the Guest of Honour

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) will commemorate 40 years of glorious and successful journey here tomorrow.  Hon’ble Mr. Justice Dinesh Maheshwari, Judge, Supreme Court of India, will be the Chief Guest of the Inaugural Session and Hon’ble Mr. Justice Satish Chandra Sharma, Chief Justice of Delhi High Court, would be the Guest of Honour. Justice Yashwant Varma, Judge, Delhi High Court; Shri Sanjay Malhotra, Secretary, Department of Revenue, Ministry of Finance; and, Shri Vivek Johri, Chairman, Central Board for Indirect Taxes and Customs (CBIC) will also join the inaugural commemoration function. A souvenir would also be released to mark the 40 glorious years of CESTAT.

Justice Dilip Gupta, President, CESTAT, will lead the commemoration with participation from Members of Delhi Principal Bench, besides 7 other Regional Benches of CESTAT and senior officials of the Tribunal. The programme will be attended by all the members of the Tribunal, the Bar members across the country, and the representatives of the department. In attendance would also be the Judges of the High Court, Members of the CBIC, as also the Principal Commissioners, Chief Commissioners and the Commissioners of the department.

The inaugural session would be followed by two working sessions. The First Session will see discussion on the ‘Use of Technology in Tribunals for Speedy Delivery of Justice’ and Hon’ble Mr. Justice Sanjeev Sachdeva, Judge, Delhi High Court would preside over this session. The Second Session will be on ‘Experiments of Tribunals – Triumphs and Tribulations’ and Hon’ble Mr. Justice Pankaj Mithal, Judge, Supreme Court of India, would preside over this session.

Justice Sunita Agarwal, Judge, Allahabad High Court, would also address the gathering.

ABOUT CESTAT:

It is under article 323 B of the Constitution of India and section 129 of the Customs Act, 1962 that the Customs, Excise and Service Tax Appellate Tribunal was constituted in the year 1982 on October 11. The Tribunal Reforms Act, 2021 has now been enacted to further amend certain Acts, including the Customs Act, 1962 and in exercise of the powers conferred by section 3 of the aforesaid Act, The Tribunal (Conditions of Service) Rules, 2021 have been framed.

The Principal Bench of the Tribunal is at Delhi. Initially, the Tribunal had 3 Regional Benches at Mumbai, Chennai and Kolkata. Thereafter, 5 more Regional Benches were constituted. The Bangalore Bench of the Tribunal was constituted on 30.11.2000, the Ahemdabad Bench on 03.03.2006, the Allahabad Bench on 14.08.2015, the Chandigarh Bench on 04.11.2015 and the Hyderabad Bench on 06.11.2015. The sanctioned strength of the Tribunal as on date, apart from the President of the Tribunal, is of 16 Judicial Members and 16 Technical Members.

During the COVID pandemic period, the Tribunal conducted virtual hearings at the Principal Bench as also at the 8 Regional Benches of the Tribunal. Anti-Dumping matters and matters before the Larger Benches of the Tribunal were also decided during this period.

Over the past four years, numerous steps have been taken to bring about an improvement in the working of the Tribunal. All orders passed by the Tribunal, whether in the nature of Final Orders or Interim Orders or Daily Orders, are uploaded on the website of the Tribunal without any delay. This has resulted in not only providing timely information about the proceedings to the parties, but also in avoiding sending individual notices to the parties regarding the next dates fixed by the Tribunal. A dynamic display board is also available in the court rooms and other prominent places in the Tribunal.

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Direct tax collection hits 95.2% of Revised Estimates for FY23

Net direct tax collection (after adjusting refunds) rose 15.3 per cent to ₹15.72 trillion till March 16 this fiscal year so far, buoyed by an upsurge in advance tax mop-up, people close to the development told Business Standard.

With this, tax collection is 95.2 per cent of the revised target of ₹16.5 trillion and 10 per cent above the Budget Estimate of ₹14.2 trillion.

As on March 16, on a net basis, corporate tax collection stood at ₹8.11 trillion and personal income tax ₹7.32 trillion.

These include the advance tax collection of ₹7.40 trillion.

Securities transaction tax collection is at ₹24,093 crore against the revised target of ₹25,000 crore.

“We are in the process of compiling the advance tax received in the fourth and last quarter of the fiscal year. The March 16 figures include 60 per cent of the advance tax due. The remaining 40 per cent will reflect by March 18-19,” an official said.

“Based on the March 16 compilation, we are short of just ₹78,821 crore (or 5 per cent) of the Revised Estimate of ₹16.5 trillion. Since the fourth instalment of advance tax is yet to arrive fully, there is a high probability of the numbers getting revised upward,” he added.

The deadline for the final instalment of advance tax collection was March 15.

The Central Board of Direct taxes (CBDT), an apex body for direct tax matters, on March 20 expected to conduct a pan-Indian review of tax collection in FY23 over video-conferencing, another official privy to the matter said.

Usually in March, tax collection increases remarkably owing to quarterly and yearly closures.

“Revenue is likely to go up because many companies pay the entire tax in the fourth instalment, making up for any shortfall in the first three instalments. Moreover, enforcement efforts to recover outstanding tax demand further optimise revenue collection,” the officer said.

Advance tax is paid in four instalments, instead of at the end of the fiscal year. It is considered an indication of economic sentiment. The first instalment, or 15 per cent of advance tax, is to be paid by June 15, the second by September 15 (30 per cent), the third by December 15 (30 per cent), and the rest by March 15.

For FY23, the projection of direct tax, which includes individual and corporate tax, has been revised upward and is expected to grow by over 17 per cent to ₹16.5 trillion from ₹14.08 trillion estimated earlier.

Notably, the Union Budget in February pegs tax revenue at ₹33.6 trillion, which is 10.4 per cent higher than the ₹30.4 trillion projected in the Revised Estimate for FY23.

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