2007 (10) TMI 195 - HC - Central Excise

Tribunal has passed an order in the matter of determination of rate of duty. On such determination of the rate of duty and considering the violation, penalty has been imposed - As per sec. 35G, CEA as the penalty is incidental to fixation of rate of duty, the appeals would not be maintainable before this Court but before SC

Summary

Issues: Jurisdiction of High Court and Supreme Court in appeals related to determination of rate of duty and imposition of penalty.

In this judgment by the High Court of Bombay, the court analyzed the provisions of Section 35G(1) and Section 35L(2) of the statute regarding the jurisdiction of the High Court and the Supreme Court in appeals related to the determination of rate of duty and imposition of penalty. The court noted that as per Section 35G(1), an appeal lies to the High Court if the case involves a substantial question of law, except in cases related to the rate of duty of excise or the value of goods for assessment purposes. On the other hand, Section 35L(2) allows appeals to the Supreme Court, specifically in cases related to the determination of questions regarding the rate of duty or the value of goods.

The court specifically addressed the situation where the Tribunal passed an order on the determination of the rate of duty, leading to the imposition of a penalty. The court held that since the main issue to be decided was the rate of duty, and the penalty was merely incidental to this determination, the appeals filed by the revenue before the High Court were not maintainable. The court emphasized that such appeals should have been filed before the Supreme Court based on the nature of the issue at hand.

Furthermore, the court clarified that appeals filed by the assessee from orders of Customs or Central Excise authorities were also not maintainable before the High Court as they related to the rate of duty. Consequently, the High Court dismissed all the appeals, highlighting the importance of understanding the jurisdictional aspects concerning appeals involving the determination of the rate of duty and the imposition of penalties. This judgment underscores the significance of correctly identifying the appropriate appellate forum based on the nature of the legal issues involved, particularly in matters concerning excise duty and penalty imposition.