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2017 (3) TMI 215 - HC - CustomsMaintainability of appeal - Held that - the dispute in the present Tax Appeal is with regard to N/N. 203/92-Cus dated 19th May 1992 value based advance license scheme, the goods imported against which relates to rate of customs duty to be charged, and therefore, in view of Section 130 E (b) of the CA, 1962, with respect to such dispute, an appeal before this Court shall not be maintainable and it shall lie only before the Hon ble Supreme Court - appeal dismissed as not maintainable.
Issues:
1. Jurisdiction of the High Court under Section 130(E)(b) of the Customs Act, 1962. Analysis: The High Court was presented with a Tax Appeal that was previously directed to be transmitted to the Hon'ble Supreme Court by a Division Bench due to the nature of the dispute concerning Notification No. 203/92-Cus dated 19th May 1992 and the rate of customs duty for imported goods. The registry of the Supreme Court returned the record to the High Court, stating that no original record was called for, nor was any appeal filed before the Supreme Court. The High Court noted that the Tax Appeal should have been disposed of as not maintainable before the High Court, allowing the appellant to approach the Supreme Court directly. However, the record was sent to the Supreme Court without such a decision, leading to the appeal being placed before the High Court again. The High Court emphasized that as per Section 130(E)(b) of the Customs Act, 1962, disputes related to Notification No. 203/92-Cus and the customs duty rate fall under the exclusive jurisdiction of the Hon'ble Supreme Court. Therefore, the High Court concluded that the present Tax Appeal was not maintainable before the High Court and should be disposed of accordingly. The decision was made to allow the Revenue/appellant the option to file an appeal before the Supreme Court if they desired to pursue the matter further. Consequently, the High Court declared the Tax Appeal as not maintainable within its jurisdiction, effectively closing the case before the High Court. In summary, the High Court clarified the jurisdictional limitations imposed by Section 130(E)(b) of the Customs Act, 1962, regarding disputes concerning specific matters like Notification No. 203/92-Cus and customs duty rates. The court's decision to declare the Tax Appeal as not maintainable before the High Court was based on the exclusive jurisdiction granted to the Hon'ble Supreme Court for such disputes. The appellant was granted the option to appeal directly to the Supreme Court if they wished to pursue the case further, bringing closure to the matter within the High Court's jurisdiction.
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