The central issue revolves around the maintainability of a ...

Customs duty dispute: Revenue's single appeal against 93 Bills of Entry deemed non-maintainable.

Case Laws     Customs

November 6, 2024

The central issue revolves around the maintainability of a single appeal filed by the Revenue against multiple Bills of Entry. As per Rule 6(A) of the CESTAT Procedure Rules, 1982, when separate orders-in-original are passed for each Bill of Entry, the appellant is required to file separate appeals corresponding to each order. However, in this case, the Commissioner (Appeals) disposed of appeals concerning 93 Bills of Entry through a common order-in-appeal. Consequently, the Revenue is obligated to file 93 separate appeals challenging each Bill of Entry, as each assessment order constitutes a distinct cause of action. This interpretation aligns with the National Litigation Policy's stance that monetary thresholds apply to individual appeals rather than the aggregate amount. The Tribunal, concurring with prior judicial precedents, held the single appeal filed by the Revenue as non-maintainable and directed the filing of 93 separate appeals if advised.

View Source