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of <h1>Appeals dismissed for lack of maintainability due to negligible tax effect; seizure, duty, interest and penalties not sustained</h1> <h3>Commissioner of Customs And Central Excise, Hyderabad II, A.P. Versus M/s. Crystal Dot Scan Pvt. Ltd.</h3> SC disposed the appeals on the ground of low tax effect, holding maintainability lacking due to the limited monetary implication. The tribunal's view-that ... Maintainability of appeal - monetary limit involved in the appeal - Valuation - Transaction value, rejection on suspicion that same underdeclared - it was held by CESTAT that 'In view of the decision of Apex Court in CC, Calcutta v. South India Television (P) Ltd. [2007 (7) TMI 9 - SUPREME COURT], the revision of price, demand of differential duty and interest, confiscation of the impugned machine on the ground that the importer had mis-declared its value and consequent penalties are not sustainable.' HELD THAT:- These appeals are disposed of on the ground of Low Tax Effect - The question of law, if any, is kept open to be decided in an appropriate case. Heard counsel for the appellant (Revenue) and for the respondent (assessee). 'These appeals are disposed of on the ground of Low Tax Effect.' The Court therefore did not decide the substantive question presented; 'The question of law, if any, is kept open to be decided in an appropriate case.' Appeals disposed on limited ground of low tax effect, with no adjudication on the underlying legal issue - preserving the parties' rights to seek resolution of the legal question in a future appropriate case.
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