2016 (4) TMI 285 - HC - Central Excise

Monetary limits for filing the appeals - Amount involved is less than ₹ 15 lacs - Held that - the limits specified may not apply to certain exceptions, at the same time, the Circular dt.01/01/2016 which is in furtherance of the circular dt.17/12/2015, clearly envisages that the present instructions will apply retrospectively to all the pending appeals and appeals to be filed henceforth in High Courts/Tribunals, subject to exceptions where the monetary limits if is less than ₹ 15 lacs, can be preferred in High Courts. Taking note of the CBEC Circular dt. 17/12/2015 & 01/01/2016, the monetary limits in these appeals is less than ₹ 15 lacs, which is much less than what has been prescribed for filing appeal before the High Courts and deserve to be dismissed as not pressed. - Decided against the revenue

Summary

Issues:
1. Monetary limits for filing appeals before CESTAT, High Courts, and Supreme Court.
2. Validity and applicability of circulars issued by the Central Board of Excise & Customs.
3. Dismissal of appeals based on monetary limits specified in circulars.

Analysis:
1. The judgment concerns the monetary limits set for filing appeals before different appellate forums, as specified in circulars issued by the Central Board of Excise & Customs. The circular dated 17/12/2015 regularized the limits for filing appeals by the Revenue, with specific monetary thresholds for CESTAT, High Courts, and the Supreme Court. The circular also included a provision for exceptions related to classification and refund issues of legal and recurring nature. Subsequently, a clarificatory circular dated 01/01/2016 reiterated the applicability of the earlier circular to all pending appeals in High Courts and CESTAT, subject to certain conditions.

2. The judgment delves into the validity and applicability of the circulars issued by the Central Board of Excise & Customs. It notes that the circular dated 17/12/2015, along with the subsequent circular dated 01/01/2016, set monetary limits below which appeals should not be filed in High Courts and CESTAT. The court observed that the appeals before it fell below the prescribed limit of Rs. 15 lakhs for High Courts. Consequently, the court dismissed the appeals as not pressed, while leaving open the possibility of examining substantial questions of law in future proceedings, if necessary.

3. Based on the Central Board of Excise & Customs circulars, the court dismissed all the appeals as not pressed due to the monetary limits being below Rs. 15 lakhs for High Courts. The judgment emphasized that any substantial questions of law raised in the appeals could be examined in the future if they arise. Moreover, the Revenue was granted the liberty to move an application for recalling the order if the appeal fell within the exceptions specified in the circular dated 17/12/2015. Therefore, the appeals were dismissed in accordance with the circulars issued by the Central Board of Excise & Customs, emphasizing compliance with the specified monetary limits for filing appeals.