2015 (12) TMI 209 - AT - Service Tax

Maintainability of appeal - communication proposing disallowance of CENVAT Credit - Held that - appeal is not maintainable as in terms of Section 86 of the Finance Act, 1994 only when an assessee is aggrieved by an order passed by the Commissioner of Central Excise under Section 73 or Section 83A or an order passed by the Commissioner of Central Excise (Appeals) under Section 85, he can file an appeal before the Tribunal. Since the present order of the Commissioner is not in order passed by Sections 73 or 83A, the appeal is not maintainable. - Decided against assessee.

Summary

Issues:
1. Maintainability of the appeal before the Tribunal under Section 86 of the Finance Act, 1994.

Analysis:
The judgment deals with the issue of the maintainability of an appeal before the Tribunal under Section 86 of the Finance Act, 1994. The appellant, M/s. GTL Infrastructure Ltd., challenged a communication issued by the Commissioner of Service Tax, Mumbai-II, directing them to establish that Service Tax had been paid wrongly and seek a suitable remedy. The communication was in response to a High Court order related to allowing Cenvat credit towards Service Tax liability. The Revenue argued that the appeal was not maintainable as the Commissioner's order did not fall under Sections 73 or 83A of the Finance Act, 1994. The appellant's counsel conceded, leading to the Tribunal's decision.

The Tribunal held that the appeal was not maintainable before them as the Commissioner of Service Tax had not passed any order under Section 73 or Section 83A of the Finance Act, 1994. Since the appeal did not fall within the specified sections, the Tribunal dismissed it as non-maintainable. The decision was based on the legal and factual position that the Commissioner's order did not meet the criteria required for appeal under the relevant sections of the Finance Act, 1994. As a result, the Tribunal concluded that they did not have jurisdiction to entertain the appeal due to the absence of an order falling under the specified sections of the Act. The judgment emphasizes the importance of adherence to statutory provisions for the maintainability of appeals before the Tribunal, highlighting the specific requirements outlined in the Finance Act, 1994 for filing appeals in such matters.

This judgment underscores the significance of procedural compliance and adherence to statutory provisions in matters of appeal before the Tribunal. It serves as a reminder that the jurisdiction of the Tribunal is limited to appeals falling within the specific sections of the Finance Act, 1994, and any deviation from these provisions can lead to the dismissal of appeals as non-maintainable. The case highlights the importance of understanding and applying the relevant legal framework when initiating appeals before the Tribunal to ensure the proper adjudication of disputes within the statutory framework.