2013 (1) TMI 118 - AT - Service Tax

Instructions for appeal filed before the Tribunal - appeal need not be filed before the Tribunal for the amount less than rupees 5 Lakhs - Held that - Considering the case decided in Stovec Industries Limited 2013 (1) TMI 72 - GUJARAT HIGH COURT in the instant appeal the amount of service tax involved is Rs. 2,02,472/- only and penalty of Rs. 2,02,472/- only. Therefore, in view of the circular dated 17.08.2011, the appeal could not be preferred by the Central Excise and Customs Department before this Court. It cannot be gainsaid that the Department is bound by its own circulars. As after circular dated 17.08.2011 no other circular has been issued by the Ministry of Finance, Department of Revenue Central Board of Excise and Customs, Government of India, New Delhi, authorizing the Department to file appeals where the amount is less than Rs. 10 lacs - dismiss the appeal filed by the Revenue

Summary

Issues:
- Appeal filed by Revenue against order in appeal
- Applicability of Board Circular dated 17.08.2011 on appeal amount
- Interpretation of Circulars by the Tribunal and High Court
- Decision on the appeal based on Circulars and legal principles

Analysis:
1. The appeal was filed by the Revenue against an order in appeal. The learned counsel for the Revenue argued that as per the Board Circular dated 17.08.2011, appeals need not be filed before the Tribunal for amounts less than Rs. 5 Lakhs. However, the departmental representative pointed out that during the relevant period, the Circular specified a limit of Rs. 2 Lakhs for not filing appeals before the Tribunal.

2. The Tribunal examined Circulars issued by the Central Board of Excise and Customs (CBEC). It was noted that a Circular dated 20.10.2010 directed lower authorities not to file appeals before CESTAT for amounts less than Rs. 2 Lakhs. This limit was later increased to Rs. 5 Lakhs in the Circular dated 17.8.2011. The Tribunal acknowledged that the Revenue had filed the appeal in January 2011 before the issuance of the Circular dated 17.8.2011.

3. The Tribunal referred to a judgment by the Hon'ble High Court of Gujarat in a similar case, where it was held that the Department is bound by its own Circulars. The High Court emphasized that the appeal should not have been admitted based on the Circular dated 17.08.2011, as the amount involved was below the specified limit. The Tribunal, in line with the High Court's decision, dismissed the appeal filed by the Revenue, keeping the legal questions open for future cases.

4. In conclusion, the Tribunal applied the legal principle established by the High Court and dismissed the Revenue's appeal, emphasizing the importance of adhering to Circulars issued by the Department. The Tribunal's decision was based on the interpretation of relevant Circulars and legal precedents, ensuring consistency and compliance with established norms.