2012 (9) TMI 571 - HC - Customs

Writ petition Writ Petition was filed contending that the order passed by the Tribunal is without jurisdiction Held that - Tribunal has also gone into the question on merits including the process of valuation and incidence of tax and to characterize the nature of the order passed including the process of valuation, it is clear that the appeal would lie to the Supreme Court under Section 130E(b) of the Act - no error or illegality in the order so as to call for interference - appeal is dismissed

Summary

Issues Involved:
Jurisdiction of the court under the Customs Act, 1962 regarding appeals to the Supreme Court.

Analysis:

The High Court heard an appeal filed by the Revenue against an order passed in a writ petition. The Single Judge had held that the writ petitioner should approach the Supreme Court under the provisions of the Customs Act, 1962, as the Tribunal had analyzed the nature of the order passed by the Commissioner, including valuation and tax classification processes. The appellant contended that the petition was maintainable and did not require an appeal to the Supreme Court under Section 130E(b) of the Customs Act, which the appellant argued was erroneous. The respondent did not appear before the Court. After considering the arguments and examining the records, the Court noted that the writ petition was filed challenging the order of the CEGAT, Bangalore Bench, alleging lack of jurisdiction. The Single Judge had determined that the Tribunal had delved into the nature of the Commissioner's order, including valuation and tax incidence, directing the petitioner to approach the High Court under Section 130E(b) of the Act. The High Court found that since the Tribunal had indeed considered the merits, valuation process, and tax incidence, the appeal should lie to the Supreme Court under Section 130E(b) of the Act. Consequently, the Court dismissed the appeal, finding no error or illegality warranting interference in this intra-court appeal.

This comprehensive analysis covers the jurisdictional issue under the Customs Act, 1962, the interpretation of Section 130E(b) regarding appeals to the Supreme Court, the role of the Tribunal in evaluating the nature of orders, valuation, and tax incidence, as well as the High Court's decision based on the examination of records and legal contentions presented.