2019 (10) TMI 1244 - HC - Customs

Maintainability of appeal - monetary amount involved in the appeal - Instruction F.No.390/Misc./116/2017/JC dated 22nd August 2019 - HELD THAT - In the light of Instruction F.No.390/Misc./116/2017/JC dated 22nd August 2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs which provides that no appeal wherein the tax effect does not exceed the monetary limit of ₹ 1,00,00,000/- shall be filed before the High Court and has also been made retrospectively applicable to pending appeals, the learned senior standing counsel for the appellant does not press the present appeal. Appeal disposed off.

Summary

Issues involved:
Adherence to monetary limit for filing appeals before High Court as per government instruction.

Analysis:
The judgment delivered by Ms. Harsha Devani of the Gujarat High Court pertained to an appeal where the tax effect involved was less than ?1,00,00,000. The court considered the instruction issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs on 22nd August 2019. This instruction set a monetary limit of ?1,00,00,000 for filing appeals before the High Court. The court noted that the appellant did not press the appeal in light of this instruction, which was also made retrospectively applicable to pending appeals. Consequently, the appeal was disposed of as not pressed based on the instruction dated 22nd August 2019.

The judgment emphasized that if there were any errors in the computation of the tax effect involved or if the instruction was found not to be applicable for any reason, the appellant would have the option to seek revival of the appeal. This provision ensured that the appellant retained the right to challenge the decision if circumstances warranted a review. The court's decision to dispose of the appeal in accordance with the government instruction showcased the adherence to the prescribed monetary limit for filing appeals before the High Court, promoting efficiency and compliance with the regulatory framework set by the authorities.

Overall, the judgment exemplified the importance of following government instructions and guidelines regarding the monetary limits for filing appeals before the High Court. By aligning with the instruction issued by the Ministry of Finance, the court demonstrated a commitment to upholding regulatory directives and ensuring that appeals were processed in accordance with the specified criteria, thereby streamlining the judicial process and maintaining consistency in the administration of tax-related matters.