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Commissioner Of Customs And Service Tax ... vs Sfo Technologies Pvt Ltd

Customs Excise and Service Tax Appellate Tribunal20 February 2015

Ratio decidendi

The rule this decision rests on

The Revenue's appeals are not maintainable where the duty involved is below Rs. 5,00,000, even though they were filed before the Board's circular prescribing monetary limits for departmental appeals, because the Tribunal follows the Karnataka High Court's decisions in Ranka & Ranka and Mico Ltd. holding that such limits apply to pending appeals.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNALSOUTH ZONAL BENCHBANGALOREApplication(s) Involved:C/COD/199/2011, C/COD/200/2011 inC/1907/2011-SM, C/1908/2011-SMAppeal(s) Involved:C/1907/2011-SM, C/1908/2011-SM

[Arising out of Order-in-Appeal No. 135/2010 dated 30/07/2010 passed by the Commissioner of Customs, (Appeals), Bangalore.]

For approval and signature:

HON'BLE SHRI B.S.V.MURTHY, TECHNICAL MEMBER

1 Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982? No 2 Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not? No 3 Whether Their Lordships wish to see the fair copy of the Order? Seen 4 Whether Order is to be circulated to the Departmental authorities? Yes

Commissioner of Customs and Service Tax BANGALORE-CUS C.R. BUILDING,QUEENS ROAD, P.B.NO. 5400, BANGALORE  560 001. KARNATAKA Appellant(s)

Versus

SFO TECHNOLOGIES PVT LTD NO.99-101, KIADB INDL.AREA, 4TH PHASE, BOMMASANDRA, BANGALORE 560 099 Respondent(s)

Appearance:

Mr. A. K. Nigam, Addl. Commissioner (AR) For the Appellant

None For the Respondent

Date of Hearing: 20/02/2015

Date of Decision: 20/02/2015

CORAM:

HON'BLE SHRI B.S.V.MURTHY, TECHNICAL MEMBER

Final Order No. 20442-20443 / 2015

Per : B.S.V.MURTHY

In these appeals, the duty amount involved is less than Rs.5,00,000/-. Even though these appeals were filed prior to issue of the Circular by the Board prescribing mandatory limits for filing the appeal by Revenue, in the light of the decisions of Honble High Court of Karnataka in the case of Commissioner of Income Tax, Bangalore vs. Ranka & Ranka reported in 2012 (284) E.L.T. 185 (Kar.) and CCE & ST, Bangalore vs. Mico Ltd.: 2012 (281) E.L.T. 680 (Kar.), I hold that these appeals are not maintainable. Accordingly, the appeals are rejected as not maintainable.

(Order pronounced in open court)

B.S.V.MURTHY TECHNICAL MEMBER rv 2

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