Custom, Excise & Service Tax Tribunal
C.C.E., Delhi-Iii vs M/S. Senior India Pvt. Ltd on 22 September, 2015
IN THE CUSTOMS, EXCISE & SERVICE TAX
APPELLATE TRIBUNAL
WEST BLOCK NO.2, R.K. PURAM, NEW DELHI 110 066
Date of Hearing 22.09.2015
For Approval & Signature :
Honble Mr. S.K. Mohanty, Member (Judicial)
1.
Whether Press Reporter may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
No
2.
Whether it would be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
Yes
3.
Whether Lordships wish to see the fair copy of the order?
Seen
4.
Whether order is to be circulated to the Department Authorities?
Yes
Appeal No.E/55180/2014-EX[SM]
[Arising out of Order-in-Appeal No.DLI-EXCUS-003-APP-148-14-15, dated 08.07.2014 passed by the C.C.E.(Appeals), Delhi-I]
C.C.E., Delhi-III Appellant
Vs.
M/s. Senior India Pvt. Ltd. Respondent
Appearance Mr. MR Sharma, DR - For Appellant Ms. Madhulika Bose, Advocate - For Respondent CORAM: Honble Mr. S.K. Mohanty, Member (Judicial) Final Order No.__54163/2015_, dated 22.09.2015 Per Mr. S.K. Mohanty :
Revenue is in appeal against the impugned order dated 08.07.2014 passed by the Commissioner of Central Excise (Appeals), New Delhi-III, involving the adjudged demand of less than Rs. 5,00,000/-.
2. In contest with filing of appeal before the Tribunal involving the monetary limit, the CBEC vide Circular No.390/Misc./163/2010-JC (8-2011), dated 17.08.2011 has clarified that where the duty involved is Rs.5,00,000/- or below with equal penalty and interest, no appeal shall be filed by the Department before the Tribunal . The Honble Gujarat High Court in the cases of CCE, Surat-I vs. Sreenath Fabrics reported in [2014 (303) ELT 540 (Guj.)] and CCE, Vadodara-I vs. Pharmanza Herbal Pvt. Ltd. [ 2014 (306) ELT 153 (Guj.)] have dismissed the appeal filed by the Revenue on the ground that the demand involved is less than Rs.5.00 Lakhs.
3. In the present case, since the amount involved is Rs.97,996/-, which is less than the monetary limit of Rs. 5 lakhs prescribed by the CBEC vide the above Circular, this appeal is not maintainable. Therefore, the appeal filed by Revenue is dismissed without going into the merits of the case.
[Operated portion pronounced in the open court] (S.K. Mohanty) Member (Judicial) Neha -2-