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2024 (10) TMI 634 - AT - CustomsDismissal of Revenue's appeal based on monetary limits - amount involved being less than that permitted to the Revenue for filing an appeal before the Tribunal - seizure of gold from the personal baggage of a passenger - HELD THAT - In terms of Article 226 the said direction contains in the order dated 08.08.2019 where to be followed. It also appears that no objection with regards to maintainability of this appeal before CESTAT was ever raised by the revenue before Hon ble High Court or CESTAT. The fact that the revenue appeal was dismissed on 28.06.2019 was also not brought to the notice of Hon ble High Court as is evident from the observations made in the order of the Hon ble High Court. Be that as it is, similar direction do not appear in the Order dated 29.03.2023 in the Custom Appeal No.3 of 2020 of the Hon ble High Court. Hon ble High Court has specifically permitted all objections to be taken against the appeal filed by revenue in the remand proceedings before CESTAT. This appeal is not maintainable before CESTAT - Appeal dismissed as not maintainable.
Issues Involved:
1. Dismissal of Revenue's appeal based on monetary limits. 2. Applicability of monetary limits set by CBEC instructions under the Customs Act. 3. Jurisdiction of CESTAT to entertain appeals related to goods imported as baggage. 4. Maintainability of Revenue's appeal before CESTAT. Detailed Analysis: 1. Dismissal of Revenue's Appeal Based on Monetary Limits: The Revenue's appeal was initially dismissed by the CESTAT on the grounds that the monetary value involved was below the threshold set by the CBEC instructions dated 11.07.2018, which fixed the limit at Rs. 20 lakh. The Tribunal dismissed the appeal because the combined value of the redemption fine and penalty was below this threshold. However, the High Court later found that these instructions were not applicable to the Customs Act, as they were issued under the Central Excise Act. The High Court remanded the case back to the Tribunal, stating that the Tribunal erred in dismissing the appeal based on these instructions. 2. Applicability of Monetary Limits Set by CBEC Instructions Under the Customs Act: The High Court observed that the instructions dated 11.07.2018 were issued under the Central Excise Act and not under the Customs Act. Therefore, they were not applicable to the case at hand, which involved customs matters. The High Court noted that the relevant instructions applicable to customs cases were dated 17.12.2015, which set a monetary limit of Rs. 10 lakh for appeals before CESTAT. The High Court highlighted that the value of the seized gold should also be considered in determining the monetary threshold, which exceeded Rs. 10 lakh, thus making the appeal maintainable. 3. Jurisdiction of CESTAT to Entertain Appeals Related to Goods Imported as Baggage: The Tribunal examined Section 129A of the Customs Act, which outlines the jurisdiction of CESTAT. It was noted that the Tribunal does not have jurisdiction to entertain appeals related to goods imported or exported as baggage. This is supported by the precedent set in the case of Sans Frontier, where the Delhi High Court emphasized that a Tribunal cannot assume jurisdiction beyond what is conferred by statute. The Tribunal concluded that the appeal concerning the confiscation of gold from personal baggage was not maintainable before CESTAT due to the lack of jurisdiction. 4. Maintainability of Revenue's Appeal Before CESTAT: The Tribunal acknowledged that the appeal filed by the Revenue was not maintainable due to jurisdictional limitations specified under the Customs Act. Despite previous proceedings where the appeal was entertained, the Tribunal recognized that jurisdictional competence is fundamental and cannot be conferred by consent or waiver. The Tribunal referred to the High Court's decision, which allowed all objections to be raised in remand proceedings, including the maintainability of the appeal. Consequently, the Tribunal dismissed the Revenue's appeal as non-maintainable, adhering to the statutory provisions that restrict its jurisdiction over appeals concerning baggage goods. In conclusion, the Tribunal dismissed the appeal filed by the Revenue as non-maintainable, emphasizing the statutory limitations on its jurisdiction over cases involving goods imported as baggage. The Tribunal also disposed of the Miscellaneous Application filed by the Respondent, which sought to highlight jurisdictional issues and the applicability of monetary limits.
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