2018 (3) TMI 571 - HC - Customs

Maintainability of appeal - section 35G of the Central Excise Act - Classification of imported goods - Held that - The Division Bench in the case of Principal Commissioner of Central Excise And Service Tax Versus M/s Raja Dyeing, Ludhiana 2017 (3) TMI 1284 - PUNJAB & HARYANA HIGH COURT , held that so long as the question of valuation or classification arises the appeal would not be maintainable before the High Court even if other issues are raised in view of section 35G(1) of the Central Excise Act. The provisions of section 35G(1) of the Central Excise Act are in pari materia to section 130(1) of the Customs Act, 1962. The judgment, therefore, applies to the present case as well. Appeal is dismissed only on the ground that it is not maintainable.

Summary

Issues involved:
- Valuation of imported goods
- Maintainability of appeal before the High Court

Valuation of imported goods:
The judgment pertains to an appeal against the orders of the Customs Excise and Service Tax Appellate Tribunal concerning the valuation of imported goods. The dispute centered around whether the goods were 'pressed distillate oil' or 'base oil'. The Tribunal found insufficient evidence to establish mis-declaration and held that the valuation based on the price of base oil was erroneous. It was noted that there was no valid reason to reject the classification or valuation of the imported goods. The matter was remanded to the Tribunal for further consideration of specific issues, and subsequently, the goods were ordered to be released to the appellant based on the earlier decision in favor of the respondent.

Maintainability of appeal before the High Court:
The judgment delves into the issue of the appeal's maintainability before the High Court. Reference was made to a similar case where the Division Bench clarified that appeals involving questions of valuation or classification may not be maintainable before the High Court, even if other issues are raised. The interpretation of Section 35G of the Central Excise Act was crucial in determining the jurisdiction of the High Court in such matters. It was emphasized that the nature of the order of the Tribunal, specifically related to the rate of duty or value of goods, determines the appropriate appellate forum to avoid multiple appeals and conflicting findings. The provisions of Section 130(1) of the Customs Act, 1962, were highlighted as being in line with Section 35G(1) of the Central Excise Act, reinforcing the dismissal of the appeal on grounds of maintainability before the High Court.

In conclusion, the judgment provides a detailed analysis of the issues surrounding the valuation of imported goods and the maintainability of the appeal before the High Court, highlighting the legal framework and precedents guiding such matters.