2017 (2) TMI 1303 - HC - Central Excise

Monetary amount involved in the appeal - CBEC Circular dt. 17/12/2015 & 01/01/2016 - Held that - Taking note of the CBEC Circular dt.17/12/2015 & 01/01/2016, the monetary limits which indisputably in the present appeal is less than ₹ 15 lacs, much less than what has been prescribed for filing appeal before the High Courts, deserve to be dismissed as not pressed - the substantial questions of law raised in the present appeal, if any, is left open to be examined in an appropriate proceeding, if arises in future. Appeal dismissed - decided against Revenue.

Summary

Issues involved:
Delay in filing the appeal, Monetary limits for filing appeals, Applicability of circulars on pending appeals, Dismissal of appeal based on monetary limits specified in circulars, Reviving concluded issues based on circulars.

Analysis:
1. Delay in filing the appeal: The judgment begins by condoning the delay in filing the appeal, allowing the application under Section 5 of the Limitation Act. This sets the procedural tone for the subsequent analysis of the case.

2. Monetary limits for filing appeals: The appeal in question is against an order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT). It is noted that the amount involved in this appeal is less than 15 lakhs, as conceded by the counsel for the Revenue. The judgment then delves into the circular issued by the Central Board of Excise & Customs, which specifies monetary limits for filing appeals before different forums.

3. Applicability of circulars on pending appeals: The circular dated 17/12/2015, along with a subsequent clarificatory circular dated 01/01/2016, is discussed in detail. These circulars set monetary limits for filing appeals before the CESTAT, High Courts, and Supreme Court. The judgment emphasizes that these limits apply to pending appeals as well, subject to certain exceptions specified in the circulars.

4. Dismissal of appeal based on monetary limits specified in circulars: Considering that the monetary limit in the present appeal is less than 15 lakhs, falling below the prescribed threshold for High Courts, the judgment dismisses the appeal as not pressed. However, it clarifies that substantial questions of law raised in the appeal can be examined in the future if they arise in an appropriate proceeding. The Revenue is granted the liberty to move an application for recalling the order if the appeal falls within the exceptions specified in the circular.

5. Reviving concluded issues based on circulars: The judgment highlights that after 5 years, it would not be appropriate to revive an issue that is already concluded by the circular. Despite the appellant's contention that it is a recurring issue, the court upholds the circular's applicability and dismisses the appeal in light of the circulars dated 17/12/2015 and 01/01/2016.

6. Conclusion: Based on the analysis of the circulars and the monetary limits specified therein, the judgment ultimately dismisses the present appeal. It directs that a copy of the judgment be placed in each file, concluding the legal proceedings in this matter.