2015 (11) TMI 1412 - HC - Central Excise

High Court rules appeals on excise duty rate dispute not maintainable, directs filing before Supreme Court

The High Court held that the appeals challenging the interpretation of Notification No.14/2002-CE were not maintainable before it and should be filed ... Rate of duty - Valuation of goods - applicability of Notification No.14/2002-CE dated 01.03.2002 - Held that:- in the light of the provisions of section 35G read with section 35L of the Central Excise Act, 1944 these appeals are not maintainable before this court - Decided against Revenue. Issues:Challenge to order interpreting Notification No.14/2002-CE dated 01.03.2002 regarding exemption conditions under Central Excise Act, 1944.Analysis:The appellant-revenue challenged the order of the Customs, Excise and Service Tax Appellate Tribunal, questioning the interpretation of Notification No.14/2002-CE dated 01.03.2002. The substantial questions of law raised included whether the Tribunal erred in holding that exemption under the notification would be admissible even if the actual duty payment condition was not fulfilled by the assessee. Additionally, the conditions attached to the notification were scrutinized to determine if the benefit was contingent on actual payment of duty. The scope of Explanation-II to the notification was also examined, particularly in relation to textile yarns and fabrics subject to Nil rate of duty. Furthermore, the Tribunal's decision in previous cases was reviewed to ascertain if it correctly interpreted the exemption notification without addressing the contentions raised by the Departmental Representative.The respondents contended that the controversy in the case pertained to the determination of a question related to the rate of duty of excise or the value of goods for assessment purposes. Citing relevant provisions of the Central Excise Act, it was argued that the appeal should be filed before the Supreme Court, not the High Court. Reference was made to a previous decision of the court highlighting that questions concerning the applicability of notifications impacting the rate of duty fall under the jurisdiction of the Supreme Court. The appellant's counsel did not contest this legal position.Upon review, it was evident that the dispute centered around the applicability of Notification No.14/2002-CE dated 01.03.2002, which directly influenced the determination of the excise duty rate for assessment. Consequently, in accordance with the provisions of the Central Excise Act, it was concluded that the appeals were not maintainable before the High Court. As a result, the appeals were disposed of as not maintainable, allowing the appellant to file them before the appropriate forum. The appeal papers were directed to be returned to the appellant's counsel after maintaining a copy for the record.