2015 (11) TMI 1164 - HC - Central Excise

Maintainability of appeal before HC - Applicability of Notification No.14/2002-CE dated 01.03.2002 - determination of the rate of duty - Held that - A perusal of the impugned order of the Tribunal clearly shows that the dispute involved in the present case relates to the applicability of Notification No.14/2002-CE dated 01.03.2002 which has a direct bearing on the determination of the rate of duty for the purposes of assessment. Under the circumstances, in the light of the provisions of section 35G read with section 35L of the Central Excise Act, 1944 these appeals are not maintainable before this court - Decided against Revenue.

Summary

Issues:
- Jurisdiction of the court regarding appeals under section 35G of the Central Excise Act, 1944

Analysis:
The judgment delivered by the High Court involved the issue of jurisdiction concerning appeals under section 35G of the Central Excise Act, 1944. The appellant-revenue challenged an order passed by the Customs, Excise and Service Tax Appellate Tribunal, raising substantial questions of law related to the interpretation of Notification No.14/2002-CE dated 01.03.2002. The questions primarily revolved around the conditions for availing exemption under the said notification, specifically focusing on the requirement of actual duty payment by the assessee. The respondents contended that the controversy pertained to the determination of the rate of duty of excise or the value of goods for assessment, which falls within the purview of the Supreme Court as per sections 35G and 35L of the Central Excise Act, 1944. Citing a previous decision of the court, they argued that questions related to the applicability of notifications impacting duty rates are not maintainable before the High Court. The appellant's counsel did not contest this legal position.

The High Court, upon examining the impugned order of the Tribunal, found that the dispute centered on the applicability of Notification No.14/2002-CE dated 01.03.2002, directly influencing the determination of the excise duty rate for assessment purposes. In light of the statutory provisions of section 35G and section 35L of the Central Excise Act, 1944, the court concluded that the appeals were not maintainable before them due to the nature of the questions raised. Consequently, the court disposed of the appeals, advising the appellant to pursue the matter before the appropriate forum with jurisdiction over issues concerning the rate of duty and the value of goods for assessment. The Registry was directed to return the appeal papers to the appellant's counsel after retaining a copy for the record, signifying the end of the proceedings before the High Court.