Commissioner, Central GST And Central Excise vs. M/S Gallant Ispat LTD.

Held

The Court held that the appeal filed by the revenue was not maintainable because the disputed tax amount was below the prescribed monetary limit of Rs. 1 crore, as stipulated by the CBEC vide its Circular No.390/Misc./116/2017-JC dated 22-Aug-2019. The reasoning was based on the admission of this fact by both the revenue and the assessee. Consequently, the Court dismissed the appeal on this ground. No other issue was decided on merits.

Facts

The appeal was filed by the Commissioner, Central GST and Central Excise (the revenue) against the Final Order No.A/71986/2017-EX(DB) dated 26.09.2017, passed in Appeal No.E/511/2011-EX(DB). The respondent is M/s Gallant Ispat Ltd. (the assessee). During the proceedings, the learned counsel for the revenue made a statement that the dispute involved in the present appeal was below the prescribed monetary limit of Rs. 1 crore, as set by the CBEC vide its Circular No.390/Misc./116/2017-JC dated 22-Aug-2019. This position was admitted by both parties.

Key Issues

1. Whether the appeal filed by the revenue is maintainable given that the disputed tax amount is below the monetary limit prescribed by the CBEC Circular No.390/Misc./116/2017-JC dated 22-Aug-2019? Contentions: Petitioner (Revenue): The revenue argued that the dispute falls below the monetary limit set by the CBEC for filing appeals, implying that the appeal should not have been filed or pursued. Respondent (Assessee): The assessee, through their counsel, admitted the position stated by the revenue regarding the disputed amount being below the monetary limit.