2019 (9) TMI 646 - HC - Central Excise

Permission for withdrawal of appeal - Monetary amount involved in the appeal - refund claim - HELD THAT - The appellant admits that in view of instructions dated 22. 8. 2019 issued by Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (Judicial Cell) the instant appeal would not be maintainable before this Court, as claimed refund i. e. ₹ 23, 76, 046/- is below the monetary limit of ₹ 1 Crore. Appeal dismissed as withdrawn.

Summary

Issues:
Delay in refiling the appeal, rejection of refund claim by Adjudicating Authority, appeal before CESTAT, substantial question of law regarding exemption under Notification, monetary limit for maintainability of appeal.

Delay in Refiling the Appeal:
The judgment addresses the delay of 407 days in refiling the instant appeal, for which an application seeking condonation of the delay was filed. Additionally, there was another application for condonation of a 13-day delay in filing the appeal. The court took note of these delays but ultimately dismissed the main appeal as withdrawn, leaving the question of law raised open.

Rejection of Refund Claim by Adjudicating Authority:
The respondent, a Limited Company engaged in manufacturing goods under the Central Excise Tariff Act, 1985, had filed a refund claim of Rs. 23,76,046 which was rejected by the Adjudicating Authority. Subsequent appeals were made to the Commissioner (Appeals) and CESTAT, with the latter allowing the appeal in 2017. The substantial question of law raised in this context pertained to whether non-fulfillment of a substantive condition of a Notification could be considered procedural and technical, and whether the benefit of exemption could be extended to the respondent.

Appeal Before CESTAT and Monetary Limit for Maintainability:
The appeal before CESTAT was successful, leading to the present appeal. However, during the hearing, it was noted that as per instructions issued by the Ministry of Finance, Department of Revenue, the claimed refund amount of Rs. 23,76,046 fell below the monetary limit of Rs. 1 Crore for maintainability before the Court. Consequently, the appellant's counsel sought withdrawal of the instant appeal, with the questions of law raised remaining open for consideration.

Conclusion:
The judgment ultimately dismissed the main appeal as withdrawn due to the claimed refund amount falling below the monetary limit for maintainability. As a result, no orders were passed on the applications seeking condonation of delay. The decision highlights the importance of adhering to procedural requirements and monetary limits in legal matters, even when substantive questions of law are raised.