CESTAT Appeal Threshold Doubled to Rs. 10 Lakhs to Cut Litigation

[CBEC Instruction F.No. 390/Misc./163/2010-JC dated 17th December 2015]

Sub: Reduction of Government litigation providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court.

In exercise of the powers conferred by Section 35R of the Central Excise Act, 1944  made applicable to Service Tax vide Section 83 of the Finance Act, 1944 and Section 131BA of the Customs Act, 1962 and in partial modification of earlier instruction issued from F. No. 390/Misc./163/2010-JC dated 17.08.2011, the Central Board of Excise & Customs (hereinafter referred to as the Board) fixes the following monetary limits below which appeal shall not be filed in the Tribunal, High Court and the Supreme Court:

S. No.

Appellate Forum

Monetary Limit

1

CESTAT

Rs. 10,00,000/-

2

HIGH COURTS

Rs. 15,00,000/

3

SUPREME COURTS

Rs. 25,00,000/-

2.  In para 3 of the instruction dated 17.8.11 a sub clause ‘c’ shall be added which shall read as “classification and refunds issues which are of legal and/or recurring nature”.

3.  Except for above, all other terms and condition of instruction dated 17.8.11 stands.