2013 (8) TMI 302 - AT - Central Excise

National Litigation Policy framed by the Central Board of Excise and Customs Amount involved in litigation Held that - As per the National Litigation Policy framed by the Central Board of Excise and Customs, department is required not to file any appeal before the Tribunal in cases where the duty involved is less than Rs. Five lakhs - In the present appeals the duty involved, is nominal and much less than the limit of Rs. Five lakhs Appeal not maintainable Decided against the Revenue.

Summary

Issues:
- Appeal filed by Revenue against a common order
- Excess freight charges collected by respondents
- Non-inclusion of excess charges in transaction value
- Dropping of demand by original adjudicating authority
- Rejection of Revenue's appeal by Commissioner Central Excise (Appeals)
- National Litigation Policy guidelines for filing appeals based on duty amount
- Rejection of appeals by Tribunal based on duty amount being less than the specified limit

Analysis:
The judgment pertains to three appeals filed by the Revenue against a common order regarding the collection of excess freight charges by the respondents. The Revenue alleged that the respondents had collected more freight charges than the actual expenditure without including the same in the transaction value. The original adjudicating authority had initially dropped the demand proposed in the show cause notice. Subsequently, the Revenue appealed to the Commissioner Central Excise (Appeals), who, through the impugned order, dismissed the Revenue's appeal.

The Tribunal noted that as per the National Litigation Policy established by the Central Board of Excise and Customs, the department is advised not to file appeals before the Tribunal in cases where the duty amount involved is less than Rs. Five lakhs. In the present appeals, the duty amounts were significantly below the specified limit of Rs. Five lakhs, as detailed in Para-1 of the judgment. Consequently, without delving into the merits of the case, the Tribunal deemed the appeals as non-maintainable based on the National Litigation Policy guidelines.

The Tribunal, in its decision, highlighted the importance of adhering to the National Litigation Policy's threshold for filing appeals based on the duty amount involved. By rejecting the appeals on the grounds of the duty amount being below the specified limit, the Tribunal upheld the guidelines set forth in the National Litigation Policy. This judgment underscores the significance of compliance with established policies and thresholds in determining the maintainability of appeals before the Tribunal, ensuring efficient allocation of resources and adherence to regulatory frameworks.