MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
(CENTRAL BOARD OF EXCISE AND CUSTOMS)
Dated: May 15, 2015
1. All Chief Commissioners of Central Excise, Customs & Service Tax.
2. All Chief Commissioners of Customs.
3. All Chief Commissioners of Service Tax.
4. Director General of Revenue Intelligence/ Central Excise Intelligence.
5. Joint Secretary (Judicial Cell).
6. Chief Commissioner (AR).
7. email@example.com for uploading this Instruction on the CBEC website at the earliest.
Sub:- Non-filing of SLPs before Supreme Court in the cases where presently revenue is below the threshold limit while appeal filed before 01.09.2011 in High Court- clarification reg.
I am directed to refer to Board’s Instruction F.No.390/Misc./163/2010-JC dated 17.08.2011, wherein monetary limits have been laid down for filing of appeals before CESTAT, High Court and the Supreme Court. The Instructions dated 17.08.2011 come into force from 01.09.2011.
2. The Board has been receiving proposals for filing of SLPs against High Court orders in Supreme Court from various field formations wherein the amount involved happens to be below the latest threshold limit as prescribed in the said Instruction dated 17.08.2011.
3. The matter has been examined. Board has decided that no SLP against the High Court’s order can be filed before the Supreme Court in case the amount involved is below the threshold limit as prescribed in the said Instruction dated 17.08.2011 except in two categories of cases. Therefore, provisions relating to monetary limit for filing SLPs should be complied with, before sending the proposals. However, SLP proposal need to be forwarded duly completed in all aspects as prescribed to Board’s office [Commissioner (Legal), CBEC, ‘C’ Wing, 5th Floor, HUDCO Vishala Building, Bhikaji Cama Place, New Delhi- 110066], where adverse judgments relate to the following, irrespective of the amount involved:
a) Where the constitutional validity of the provisions of an Act or Rule is under challenge; and
b) Where Notification/Instruction/Order or Circular has been held to be illegal or ultra vires.
This issues with the approval of Member (L&J).