Review Cases of Commissioner Orders by Chief
Commissioner as First Link Officer
[Ref: Office Order No. 15/2017 dated 08 August 2017]
Subject: Constitution of Review Committee of Pr. Chief Commissioner or Chief
Commissioners/ Pr.Commissioners or Commissioner
Please refer to
Office
Order No.
133/2017
dated
01.08.2017 issued
from F.No. A 220/22011/12/2017-AD.II whereby the Board
has
issued a pre-approved chain of nomination
of
first link officer at the level
of Chief Commissioners.
2. In exercise of the powers conferred under Section 35B (1B) (i) of the Central Excise Act, 1944 Section 129A (1B) (i) of the Customs Act,
1962 and Section 86(1)(1A) of the Finance Act, 1994 and with the approval of competent authority, it is hereby ordered that the first
nominated link officer would function as the member of the Committee for the purpose of review of Orders in Original passed by Pr. Commissioners or Commissioners in the case
wherein a Pr. Chief Commissioner or Chief Commissioner, who is a member of the Review Committee proceeds on leave, transfer or is absent for any other reason. Where the first
Link nominated
link officer happens to be a member of the Review Committee constituted by the Board, the second
nominated link officer would
function as the
member of the
Review
Committee.
3. Similarly, in case a Pr. Commissioner or Commissioner proceeds on leave or transfer, or is absent for any other reason, the Pr. Commissioner or Commissioner being assigned
the administrative charge of the Commissionerate
would function as member of the Committee
for
the purpose of review of orders passed by Commissioner (Appeals). In
case the Pr. Chief Commissioner or Chief Commissioner cannot assign the charge to another Commissioner
within the Zone, such cases may be referred to the Board for nomination of another Pr.
Commissioner or Commissioner as member of
the
Review Committee.
4. Henceforth, only such cases need to be referred to the Board for nomination of Pr. Chief Commissioner or Chief Commissioner as member of the Committee where, for any reason, the Review Committee cannot be constituted by the First nominated link officer and the second nominated link officer. Similarly, for the purpose of constitution of Review
Committee
of
Commissioners, only such cases need to be referred to the Board where the Pr. Chief Commissioner or Chief Commissioner is not able to assign
to another Pr. Commissioner
or Commissioner within his Zone or the Pr. Commissioner or Commissioner being assigned the
administrative charge of the Commissionerate
falling vacant also happens to be member of the
Committee.
5. All
such proposals shall be accompanied
with a suggestion for
the purpose of re
constitution
of
Review Committee.
F.No.390/Review/49/2017-JC