2013 (7) TMI 610 - AT - Central Excise

Monetary limit for filing an appeal - Total amount involved is less than the prescribed amount in the Circular by the CBDT Held that - As per the judgment in the case of Joint Commissioner of Income Tax vs. M/s. Ranka & Ranka as reported in 2011 (11) TMI 449 - KARNATAKA HIGH COURT , Circular issued by the Board in that case even though was subsequent to the date of filing of the appeal would have retrospective effect and if the total amount involved is less than the prescribed amount in the Circular by the CBDT, the appeal is not maintainable Appeal rejected as not maintainable Decided against the Revenue.

Summary

Issues:
1. Eligibility for refund of differential duty due to price reduction after goods clearance.
2. Maintainability of appeals based on the decision of the Hon'ble High Court of Karnataka.
3. Challenge to the decision of the Hon'ble High Court through Special Leave Petition (SLP).
4. Application of the High Court decision to the present case leading to rejection of appeals.

Analysis:
1. The judgment deals with two appeals where the Revenue challenges the lower appellate authority's decision allowing the respondent's refund claim for differential duty arising from a price reduction after goods clearance. The respondent argued that the appeals are not maintainable based on a decision by the Hon'ble High Court of Karnataka in another case. The High Court held that if the total amount involved is less than the prescribed amount in a Circular by the CBDT, the appeal is not maintainable. This principle was deemed applicable to Circulars issued by both the CBEC and the CBDT to implement a National Litigation Policy.

2. The Revenue contended that the High Court decision has been challenged through a Special Leave Petition (SLP) before the Supreme Court. However, the Superintendent (AR) could not confirm if the SLP had been filed or admitted. The Tribunal found that the High Court decision cited was directly relevant to the present case, leading to the rejection of the appeals on the grounds of non-maintainability. The appeals were dismissed accordingly.

3. The Tribunal's decision was based on the applicability of the High Court ruling to the present case, emphasizing that the appeals could not be maintained in light of the legal precedent set by the High Court. The judgment was pronounced and dictated in open court, concluding the matter regarding the eligibility for refund of differential duty due to price reduction after goods clearance and the maintainability of the appeals based on the High Court decision.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved, the legal arguments presented, and the Tribunal's decision based on the relevant legal principles and precedents.