2026 (1) TMI 1157 - AT - Service Tax

Appellate procedure under Finance Act appeals governed by Central Excise hearing rules; admission may be refused on monetary grounds

Interpretation affirms that procedural rules for disposal of service tax refund appeals under the Finance Act are to follow the adjudicatory procedure ... Rejection of refund - Discretion to refuse admission of appeal below monetary threshold - Appellate Tribunal procedure and powers in hearing appeals - interpretation of Section 86(7) of the Finance Act, 1994 - second proviso to Section 35B(1) of the Central Excise Act, 1944 - HELD THAT:- It is required to be brought on record that appeal provisions and disposals in Excise matters are bifurcated through two different sub-Sections namely Section 35B and Section 35C while in Service Tax matters appeal provisions are incorporated in Section 86 of the Finance Act and its entire disposal including hearing of appeal and making orders under this Section means under Section 86 are directed to be governed under the provision contained in Section 35B of the Central Excise Act through Section 86 sub-Section 7. There is a requirement of hearing of the said appeal at the admission stage to justify its continuance and such hearing for making orders under Section 186 of the Finance Act, 1994 has to follow the procedure enumerated under Section 35B and 35C of the Central Excise Act, since sub-Section 7 to Section 186 of the Finance Act, 1994 dictates to follow the same procedure as the Tribunal exercises and follows in hearing appeals and making orders under the Central Excise Act, 1944. Therefore, in exercise of the discretionary power that is vested on the Tribunal apparently for the purpose of minimising appeals of low value, the present appeal is not accepted for hearing. Consequently, it is dismissed at the admission stage on monetary ground as admission is refused. Issues: (i) Whether the second proviso to Section 35B(1) of the Central Excise Act, 1944 can be applied to appeals under the Finance Act, 1994 via Section 86(7); (ii) Whether the Tribunal may refuse admission/hearing of an appeal at the admission stage on the ground of low monetary value.Issue (i): Whether the second proviso to Section 35B(1) of the Central Excise Act, 1944 is applicable to appeals under the Finance Act, 1994 by virtue of Section 86(7).Analysis: The Tribunal compared the provisions of Section 35B and Section 35C of the Central Excise Act with Section 86 of the Finance Act, 1994. It considered the scope of Section 86(7) which directs the Tribunal to exercise the same powers and follow the same procedure in hearing appeals and making orders under the Finance Act as it does under the Central Excise Act. The Tribunal examined prior authority (Asiatic Enterprises) but found that its reasoning is distinguishable on facts and that Section 86(7) relates to hearing and making orders under the Finance Act and is to be read with the procedures under the Central Excise Act.Conclusion: The Tribunal concluded that Section 86(7) of the Finance Act, 1994 governs the procedure for hearing and making orders and that the applicability of the second proviso to Section 35B(1) must be considered in light of Section 86(7); Asiatic Enterprises is distinguishable and not a binding precedent for compelling application of the proviso in the present facts.Issue (ii): Whether the Tribunal may refuse admission or hearing of an appeal at the admission stage on account of low monetary value.Analysis: The Tribunal considered the nature of the statutory right of appeal and the discretionary power to manage its docket. It held that where appeals are discretionary at admission, an admission-stage hearing is required to determine continuance. The Tribunal noted the need to minimize low-value appeals and exercised its discretion, observing that absence of a substantial question of law or comparable justificatory grounds counsels refusal of admission for low-value matters.Conclusion: The Tribunal exercised its discretion to refuse admission of the present appeal at the admission stage on monetary grounds and dismissed the appeal for want of admission.Final Conclusion: The appeal is dismissed at the admission stage; the Tribunal's exercise of discretion to refuse admission of low-value appeals under the procedural scheme governed by Section 86(7) of the Finance Act, 1994 is upheld.Ratio Decidendi: Section 86(7) of the Finance Act, 1994 requires the Tribunal to follow the same procedure as under the Central Excise Act for hearing and making orders; the Tribunal has discretionary power to refuse admission of low-value appeals at the admission stage where no substantial question of law or other justification for hearing is shown.