2018 (11) TMI 1394 - HC - Service Tax

Monetary limit of amount involved in the appeal - Held that - It is seen that the appeals have been filed by the Revenue, which arose out of a common order passed by the Tribunal dated 12.7.2017. The Original Authority demanded service tax to the tune of ₹ 48,91,553/-. Thus, the monetary limit, involved in the instant case, being well below the amount fixed in the instruction dated 11.7.2018, the Department cannot pursue these appeals - appeal dismissed as withdrawn.

Summary

Issues involved:
1. Imposition of penalty under Section 78 of the Finance Act, 1994.
2. Appeal filed by the Department regarding penalty imposed under Section 78 of the Finance Act, 1994.

Analysis:
1. The High Court of Madras addressed two substantial questions of law raised by the Revenue against the order of the Customs, Excise and Service Tax Appellate Tribunal. The first issue pertained to the imposition of penalty under Section 78 of the Finance Act, 1994. The Tribunal was questioned for not imposing the penalty under Section 78 and citing Section 73(3) of the Finance Act, 1944 while ignoring Section 73(4) in the case. The Court examined the provisions and the Tribunal's decision in this regard.

2. The second issue revolved around the appeal filed by the Department concerning the penalty imposed under Section 78 of the Finance Act, 1994. The Tribunal's decision to allow the appeal of the respondent/assessee without considering the Department's appeal and setting aside the penalty was challenged. The Court delved into the reasoning behind the Tribunal's decision and evaluated the correctness of the action taken by the Tribunal.

3. The learned Senior Panel Counsel for the appellant presented a letter received from the Assistant Commissioner (Legal), Salem, Office of the Commissioner of GST and Central Excise, Salem-1, instructing to withdraw the appeals based on the Board's monetary policy circular. The Court acknowledged the monetary limit involved in the case, which was below the threshold set by the Board's Circular dated 11.7.2018. Consequently, the Court held that the Department could not pursue the appeals due to the monetary constraints outlined in the circular.

4. In light of the above, the High Court dismissed the civil miscellaneous appeals as withdrawn, and the substantial questions of law raised in the appeals were left open for further consideration. The connected CMP was also dismissed as a result of the withdrawal of the appeals by the Revenue. The judgment provided clarity on the issues raised by the Revenue and the implications of the monetary limit set by the Board's circular on pursuing the appeals.