2015 (10) TMI 1232 - AT - Central Excise

Maintainability of appeal - Monetary limit - Held that - Impugned order was passed by the Commissioner (Appeals) under Section 35A which is specified under Clause (b) of sub-section (1) of Section 35B. In view of Second proviso to Section 35B (1), this Tribunal has discretion to refuse of to admit the appeal in respect of order referred to clause (b) or clause (c) or clause (d) where amount of duty, amount of fine or penalty determined by such order does not exceed ₹ 50,000/- (before 6/8/2014) and ₹ 2 lakhs (on or after 6/8/2014) - Appeal is dismissed only on the ground that amount is below threshold limit of ₹ 50,000/- without going into merit of the case - Decided against the assessee.

Summary

Issues:
Admittance of appeal under Second proviso to Section 35B of Central Excise Act, 1944 based on the amount involved.

Analysis:
The judgment by the Appellate Tribunal CESTAT MUMBAI, delivered by Member Ramesh Nair, dealt with the issue of admitting an appeal under the Second proviso to Section 35B of the Central Excise Act, 1944. The Tribunal has the discretion to refuse or admit an appeal based on the amount involved in the case. The relevant provision of Section 35B outlines the types of orders against which an appeal can be made to the Appellate Tribunal. The Second proviso to Section 35B specifies that the Tribunal may refuse to admit an appeal if the amount of duty, fine, or penalty involved does not exceed a certain threshold limit, which was Rs. 50,000 before 6/8/2014 and Rs. 2 lakhs on or after 6/8/2014.

In this case, the impugned order was passed by the Commissioner (Appeals) under Section 35A, falling under Clause (b) of sub-section (1) of Section 35B. Therefore, the Tribunal had the discretion to refuse to admit the appeal if the amount involved was below the threshold limit specified in the Second proviso. The amount in question in this case was found to be Rs. 45,075, which was below the threshold limit of Rs. 50,000. Consequently, the Tribunal exercised its discretion and refused to admit the appeal solely on the grounds that the amount did not meet the prescribed threshold, without delving into the merits of the case.

The judgment highlights the importance of complying with the statutory provisions regarding the admissibility of appeals based on the amount involved. It underscores the Tribunal's authority to refuse to admit appeals falling below the specified threshold limits, as provided under the relevant legal provisions. The decision in this case serves as a reminder of the procedural requirements and limitations imposed by the law when seeking redress through the appellate process in matters concerning central excise.