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2017 (2) TMI 142 - AT - Central ExciseMaintainability of appeal - Second proviso to Section 35B of Central Excise Act, 1944 - monetary limit for filing appeal - Held that - In view of Second proviso to Section 35B (1), this Tribunal has discretion to refuse of to admit the appeal in respect of order referred to clause (b) or Clause (c) or clause (d) where amount of duty, amount of fine or penalty determined by such order does not exceed ₹ 50,000/- (before 6/8/2014) and ₹ 2 Lakhs (on or after 6/8/2014) - appeal is dismissed only on the ground that amount is below threshold limit of ₹ 2 lacs without going into merit of the case.
Issues:
Threshold limit for admitting appeal under Section 35B of Central Excise Act, 1944. Analysis: The Appellate Tribunal, in this case, had to determine the threshold limit for admitting an appeal under the Second proviso to Section 35B of the Central Excise Act, 1944. The Tribunal noted that it has the discretion to refuse or admit an appeal under this provision. The Second proviso to Section 35B states that the Tribunal may refuse to admit an appeal where the amount of duty, fine, or penalty determined by the order does not exceed ?50,000 before 6/8/2014, and ?2 lakhs on or after 6/8/2014. The Tribunal observed that the impugned order was passed by the Commissioner (Appeals) under Section 35A, falling under Clause (b) of sub-section (1) of Section 35B. Therefore, the Tribunal had the discretion to refuse to admit the appeal if the amount involved did not exceed ?2 lakhs. In this case, as the amount involved was less than ?2 lakhs, the Tribunal exercised its discretion and refused to admit the appeal. The appeal was dismissed solely on the ground that the amount was below the prescribed threshold without delving into the merits of the case. In conclusion, the Tribunal's decision to dismiss the appeal based on the threshold limit set by the Second proviso to Section 35B highlights the importance of meeting the specified criteria for the admission of appeals under the Central Excise Act, 1944. The judgment underscores the Tribunal's authority to refuse appeals falling below the prescribed threshold, emphasizing the need for parties to adhere to the statutory requirements when seeking redress through the appellate process.
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