2023 (11) TMI 1178 - SCH - Customs

Appeals Dismissed Due to Low Tax Effect; Legal Question Remains Open for Future Assessments.

COMMISSIONER OF CUSTOMS (IMPORT) Versus M/s ATLAS MERCANTILE PVT. LTD.

The SC dismissed civil appeals due to a tax effect of Rs.75,00,000/-, which is below the revised monetary limit of Rs.2,00,00,000/- for appeals from ... Maintainability of appeal - monetary limit involved in the appeal - HELD THAT:- In view of the low tax effect, the civil appeals are dismissed. However, the question of law, if any, which arises in these appeals, is kept open to be agitated vis-a-vis the respondent assessee in respect of any subsequent assessment year. Appeal dismissed. Issues Involved:The judgment deals with the issue of monetary limit for appeals filed before the Supreme Court from judgments arising from Customs Excise and Service Tax Appellate Tribunal (CESTAT) following recent instructions by the Ministry of Finance. It also addresses the question of law to be kept open for subsequent assessment years in cases where the tax effect is below the revised limit.Monetary Limit for Appeals:The judgment notes that the recent instructions dated 02.11.2023 by the Ministry of Finance have raised the monetary limit for appeals filed before the Supreme Court from judgments of CESTAT to Rs.2,00,00,000/-. In the specific case at hand, the tax effect is only Rs.75,00,000/-. Consequently, the court decides to dismiss the civil appeals due to the low tax effect but keeps the question of law open for potential future assessment years concerning the same assessee.Disposition of Appeals:In light of the low tax effect below the revised limit, the civil appeals are dismissed. However, the judgment ensures that any question of law arising from these appeals can be raised in relation to the respondent assessee for subsequent assessment years. The order is made accordingly, with pending applications also being disposed of as a part of the decision.