2024 (11) TMI 1129 - SCH - Central Excise

Availment of inadmissible credit - mala fide intention on the part of the assessee or not - invocation of extended period of limitation under proviso to Section 11A of the Central Excise Act, 1944 - HELD THAT - Circular dated 2-11-2023 issued by the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes Customs states that in exercise of the powers conferred under Section 131BA of the Customs Act, 1962 and in partial modification of earlier instructions issued in F.No.390/Misc./163/2010-JC dated 17.08.2011, the Central Board of Indirect Taxes and Customs has fixed the monetary limit below which appeal shall not be filed in the CESTAT, High Court and the Supreme Court. So far as this Court is concerned, the monetary limit fixed is Rs.2 Crore. Appeal disposed off.

Summary

The Supreme Court disposed of appeals under Section 35G of the Central Excise Act, 1944 due to low tax effect based on a monetary limit of Rs.2 Crore set by the Ministry of Finance. Questions of law are kept open.