Appeal to CESTAT and Higher Courts -CBEC enhances Monetary limits by Five Times
BY instructions in F.No.390/Misc./163/2010-JC: dated October 20, 2010, the CBEC had fixed monetary limits of Rs. 1 lakh and Rs. 2 Lakhs, for appeals to CESTAT and High Court respectively. (22.10.2010), had commented, “But isn't the threshold limits too low? They should be at least Rs 5 lakhs and Rs. 10 Lakhs respectively”.
DDT is proud, happy and grateful to the Board for accepting this suggestion. The monetary limits have been enhanced.
Sl.No. | Appellate Forum | Monetary limit | Previous limits as per Instructions dated 20.10.2010 |
|---|---|---|---|
1. | CESTAT | Rs.5,00,000/- | Rs. 1,00,000 |
2. | HIGH COURTS | Rs.10,00,000/- | Rs. 2,00,000 |
3. | SUPREME COURT | Rs.25,00,000/- | Rs. 5,00,000 |
Board has further clarified that:-
++ In a case where a part of the duty demanded is not disputed and is paid and the outstanding duty under dispute is less than the monetary limit prescribed by the Board, no appeal shall be filed. In other words, monetary limit shall apply on the disputed duty and not on the total duty demanded in a case.
++ The monetary limits being prescribed by the Board would apply to cases of refund as well.
++ The limit specified herein will not be applicable to application filed before the Joint Secretary (Revision Application).
++ In all cases of audit objections accepted by the Department, while protective demands may continue to be issued but the same would be subjected to the monetary limits for filing appeal in the Tribunal, High Courts and the Supreme Court.
The revised monetary limits will come into force with effect from 01.09.2011.
Board deserves all praise for this magnanimous and assessee-friendly decision. This will, to a large extent, reduce frivolous appeals and the higher courts can concentrate better on really important issues.
CBEC Instruction in F.No.390/Misc./163/2010-JC., Dated: August 17, 2011