The Commissioner Of Central v. Customs, Excise And Gold

In the High Court of Judicature at Madras Dated : 07.1.2021 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Ms.Justice R.N.MANJULA Referred Case No.2 of 2008 The Commissioner of Central Excise Coimbatore

...Petitioner

Vs 1.The Customs, Excise & Gold (Control) Appellate Tribunal, South Zonal Bench, Chennai.

2.M/s.Sri Ganesa Steels

...Respondents

REFERRED CASE under Section 35H(4) of the Central Excise Act, 1944 against Final Order No.81/1999 dated 09.9.1999 on the file of the Customs, Excise and Gold (Control) Appellate Tribunal, South Zonal Bench, Chennai.

For Petitioner : Mr.A.P.Srinivas, SSC Judgment was delivered by T.S.SIVAGNANAM,J We have heard the learned Senior Standing Counsel for the petitioner.

2. This referred case by the Revenue challenges the order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, which decided the issue in favour of the assessee.

3. The referred case was filed by the Revenue by raising the following substantial question of law :

"Whether the Tribunal is correct in extending the deemed credit benefit to an unit availing Notification No.1/93 even after crossing the value of clearances of their goods of Rs.75 lakhs as they and paying full 1/2 https://hcservices.ecourts.gov.in/hcservices/

rate of duty ?"

4. The Revenue seeks to withdraw the case on account of low tax effect in terms of the circular dated 22.8.2019 issued by the Central Board of Indirect Taxes and Customs. By the said Circular, the monetary limit for filing or pursuing any matter before the High Court has been increased to Rs.1 Crore. It is further submitted that the tax effect in this case is less than the threshold limit.

5. In the light of the above, the referred case is dismissed on the ground of low tax effect and the substantial question of law raised is left open. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to file a petition before this Court to restore the matter to be heard and decided on merits. Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar RS To 1.The Customs, Excise and Gold (Control) Appellate Tribunal, South Zonal Bench, Chennai.

2.The Commissioner of Central Excise Coimbatore R.C.No.2 of 2008 KJ(CO) NRA(03/02/2021) 2/2 https://hcservices.ecourts.gov.in/hcservices/