2012 (9) TMI 307 - HC - Central Excise

Court dismisses appeal challenging excise duty, emphasizes policy adherence, reduces litigations, interest not leviable

The Court dismissed the appeal filed by the Commissioner of Central Excise challenging the order of the Tribunal. It held that interest under Section 11AB ... Maintainability of appeal – Held that:- National Litigation Policy was also published on 20-10-2010 giving instructions not to file an appeal to the High Court where the subject matter of the appeal is Rs. 2 lakhs and below - appeal is dismissed. Issues:1. Liability of paying interest when duty is paid before issue of show cause notice.2. Applicability of instructions regarding filing appeals for cases involving duty below Rs. 2 lakhs.3. Interpretation of National Litigation Policy and circulars reducing litigations in indirect tax matters.Analysis:Issue 1: Liability of paying interest when duty is paid before issue of show cause noticeThe appeal was filed by the Commissioner of Central Excise challenging the order of the Tribunal that duty had been paid before the show cause notice was issued, thus interest under Section 11AB of the Central Excise Act, 1944 was not leviable. The appellant contended that the duty payment did not relieve the respondent from paying interest. However, the Court examined the material on record and referred to various judgments, including the case of CCE v. Techno Economic Services Pvt. Ltd., to establish that circulars have been issued to reduce litigations in indirect tax matters. The Court held that the appeal lacked merit as the duty involved was only Rs. 35,000, and dismissed the appeal.Issue 2: Applicability of instructions regarding filing appeals for cases involving duty below Rs. 2 lakhsThe respondent argued that a policy decision had been made not to file appeals for cases where the duty involved or total revenue, including fine or penalty, was Rs. 2 lakhs or below. The Court noted the instructions issued on this matter and observed that the appeal in question fell within the ambit of this policy decision. The appellant's argument that the instructions were issued after the appeal was filed was rejected, and the Court emphasized that the value of the subject matter of the appeal was Rs. 35,000, thus making the appeal non-maintainable.Issue 3: Interpretation of National Litigation Policy and circulars reducing litigations in indirect tax mattersThe Court highlighted the National Litigation Policy and circulars aimed at reducing litigations arising from indirect tax matters. It referenced the decision in the case of CCE v. Techno Economic Services Pvt. Ltd. and reiterated that circulars had been issued to streamline the appeal process, especially for cases involving lower amounts. The Court emphasized the importance of adhering to such policies to minimize unnecessary litigations and upheld the decision to dismiss the appeal based on the policy guidelines and the value of the subject matter involved.In conclusion, the Court's judgment emphasized the significance of following established policies and circulars to streamline the appeal process, particularly in cases involving lower amounts, and upheld the decision to dismiss the appeal due to the value of the subject matter falling below the specified threshold.