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of <h1>Court dismisses appeal citing Sections 35G & 83; appeal not maintainable due to order's nature.</h1> <h3>Commissioner of Service Tax, Delhi Versus Bharti Airtel Ltd.</h3> Commissioner of Service Tax, Delhi Versus Bharti Airtel Ltd. - 2013 (30) S.T.R. 451 (Del), [2013] 64 VST 53 (Del) Issues:- Maintainability of appeal under Section 35G of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994.Analysis:1. The appeal in question was filed against an order of the Customs, Excise and Service Tax Appellate Tribunal. The appellant argued that the appeal is maintainable as it pertains solely to the question of limitation under Section 73(1)(a) of the Finance Act, 1994, and not to the rate of duty or valuation of taxable services.2. Section 35G of the Central Excise Act, 1944 states that an appeal to the High Court can be made if the case involves a substantial question of law, excluding matters related to the rate of duty or valuation of goods. The nature of the order passed by the Tribunal determines the appeal's maintainability, not the specific issues raised in the appeal.3. The High Court clarified that the appeal would not be maintainable if the impugned order relates to the valuation of taxable services, even if the appellant's grievance is limited to the question of limitation. The Court emphasized that the nature of the order, not the content of the appeal, is crucial in determining the appeal's validity.4. Despite the appellant's argument that the appeal focused only on the limitation issue, the High Court found that the impugned order addressed both valuation and limitation matters. As the order dealt with valuation in addition to limitation, the appeal was deemed not maintainable under Section 35G of the Central Excise Act, 1944, read with Section 83 of the Finance Act, 1994.5. The Court dismissed the appeal, upholding the respondent's objection regarding the maintainability of the appeal under the relevant legal provisions. The decision was based on the understanding that the appeal's validity is contingent upon the nature of the order being appealed against, irrespective of the specific issues raised by the appellant.
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