2018 (12) TMI 1291 - HC - Central Excise

High Court dismisses revenue's appeal for not meeting Rs. 50 lakh tax limit, emphasizing circular guidelines

The Commissioner of CGST and Central Excise, Raigad Commissionerate Versus M/s Dorf Ketal Pvt. Ltd.

The Commissioner of CGST and Central Excise, Raigad Commissionerate Versus M/s Dorf Ketal Pvt. Ltd. - 2019 (366) E.L.T. 66 (Bom.) Issues:Challenge to CESTAT judgment based on tax effect below prescribed limit.Analysis:The High Court heard an appeal filed by the revenue challenging a CESTAT judgment. The respondent-assessee argued that the tax effect in the appeal was below the prescribed limit of Rs. 50 lakhs set by the CBIC in its circular. The department acknowledged the tax effect was less than Rs. 50 lakhs but did not receive instructions to withdraw the appeal. The adjudicating authority had confirmed a Cenvat credit amount to be recovered from the respondent. The main issue was whether the department could continue to press the appeal without pointing out exceptions in the circular.The circular issued by the CBIC set monetary limits for filing appeals before different forums. It stated that appeals below the prescribed limits should not be filed or pressed unless exceptions applied. The circular had statutory force under Section 35R of the Central Excise Act, 1944. The High Court noted that the department could pursue appeals only if falling within the exceptions outlined in the circular. The court referred to a similar case where the Supreme Court held that revised monetary limits applied even to pending cases.The department failed to show that the monetary limit was higher than prescribed or that any exceptions applied. The court emphasized that the circular's provisions were not subject to the Commissioner's discretion. Allowing arbitrary application of the policy would be legally impermissible. Consequently, the appeal was dismissed due to the low tax effect involved, in line with the circular's guidelines.