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2017 (6) TMI 858 - HC - Central ExciseMaintainability of appeal - monetary limit for filing appeal - monetary limit now fixed to ₹ 20,00,000/- - Sec. 35 G of the Central Excise Act, 1944 r/w CENVAT Credit Rules - reduction of litigation - Held that - such appeal shall not be filed in case where the tax effect does not exceed the monetary limits so given - We are concerned with the appeals by the respective departments before the High Court, monetary limit of which is fixed now to ₹ 20,00,000/- . Reliance placed in the case of Commissioner of Customs And Central Excise Versus Sesa Goa Limited 2017 (3) TMI 1493 - BOMBAY HIGH COURT , where it was held that once the appeals are disposed off in view of the above circumstances, based upon such circulars / instructions it shall not preclude such Commissioner of customs from filing any appeal, application, revision or reference in any other case involving the same or similar issues or questions of law. Appeal maintained as within monetary limits - application allowed.
Issues:
1. Appeal filed under Sec. 35-G of the Central Excise Act, 1944 r/w CENVAT Credit Rules. 2. Entitlement for exemption from service tax under Notification No. 13/2003-DST for sugarcane harvesting and transporting. 3. Monetary limits for filing appeals set by the Central Board of Excise & Customs. 4. Disposal of appeals based on monetary limits to reduce litigation. 5. Power conferred by Section 35(R) of the Central Excise Act, 1944 and Section 131BA of the Customs Act, 1962 for filing appeals. Analysis: 1. The appellant, Commissioner of Customs, Central Excise and Service Tax, Nashik Commissionerate, filed an appeal under Sec. 35-G of the Central Excise Act, 1944 r/w CENVAT Credit Rules. An application for disposal of the appeal was made at the admission stage due to specific provisions and circulars aimed at reducing litigations from the department's side based on a policy decision. 2. The substantial question of law raised was whether a specific entity was entitled to exemption from service tax under Notification No. 13/2003-DST for providing sugarcane harvesting and transportation services to commercial concerns like sugar manufacturers. The appellant cited monetary limits set by the Central Board of Excise & Customs as a reason for seeking the disposal of the appeal. 3. The Central Board of Excise & Customs issued instructions setting monetary limits for appeals to reduce litigations. Circulars and directions were issued to prevent appeals where the tax effect did not exceed the prescribed limits. The High Court disposed of similar appeals based on these monetary limits to avoid prolonging litigation unnecessarily. 4. The Division Bench of the Court, in various judgments, emphasized the importance of adhering to monetary limits for filing appeals to High Courts to streamline the legal process and avoid unnecessary delays. The judgments highlighted the significance of timely circulars issued by the CBDT under the Income Tax Act while deciding on appeals. 5. Referring to the power conferred by Section 35(R) of the Central Excise Act, 1944 and Section 131BA of the Customs Act, 1962, the Court reiterated the need to consider monetary limits for filing appeals by the department. The Court emphasized that disposing of appeals based on monetary limits should not prevent the Commissioner of customs from filing appeals in other cases involving similar issues or questions of law. This detailed analysis of the judgment highlights the key issues addressed by the High Court, focusing on the legal provisions, monetary limits, and the overarching goal of reducing litigation in the legal system.
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