Indirect Tax Updates On Appeals, Orders & SCN

The Ministry of Finance  through the CBEC, vide Circular Ref. F. No. 390/Misc./163/2010-JC dt. 17th Dec., 2015 has issued certain instructions as below :

Appeals By Department 

The threshold limit for For Filing Appeals under Service Tax & Customs Cases  Before CESTAT and High Courts is enhanced to Rs 10 lakh and Rs 15 lakh, Respectively.

This Has Been Done to Reduce Unnecessary Litigations by Department .No change of Limit under Excise .

Pre Show Cause Notice Consultation

Pre-show cause notice consultation at the level of principal commissioner and commissioner has been made mandatory in all cases where duty involved is above Rs.50 lakh

Manner of Passing A Proper Order

Zonal chief commissioners and principal commissioners have been directed to hold monthly, or bi-monthly, meetings with all adjudicating and appellate authorities in their respective zone and advise them on how to pass proper orders

Hope , this time , it will really work . Since, such directives have had been passed but litigation and orders remained as such .

( Anand Mishra, Founder Advocate , AMLEGALS – The author is a leading advocate who handles cases in Tribunals  & High Courts of India. He can be contacted on anand@amlegals.com .For more, please refer www.amlegals.com

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