The Jammu & Kashmir High Court has dismissed the appeal filed by the GST Department citing the monetary limit below Rs. 2 Crores.
The bench of Chief Justice Tashi Rabstan and Justice Puneet Gupta has observed that as per the new Litigation Policy dated 06.08.2024, the Central Board of Indirect Taxes and Customs has fixed the monetary limits below which appeal shall not be filed in the CESTAT, High Court and Supreme Court.
The GST department filed appeal against the order passed by the Customs Excise & Service Tax Appellate Tribunal (Chandigarh).
The assessee submitted that in view of the latest litigation policy, the appeal in hand does not survive.
The Central Board of Indirect Taxes and Customs has fixed the monetary limits of Rs. 60 lakh, Rs. 2 Crore, Rs. 5 Crore for the CESTAT, High Court and Supreme Court. The appeal shall not be filed in the CESTAT, High Court and Supreme Court in case it is below the threshold limits.
The court held that the appeal in hand does not survive, it is accordingly dismissed.
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Case Details
Case Title: Commissioner of Central GST & Central Versus M/S V.S Industries
Case No.: CEA No. 1/2024
Date: 28.11.2024
Counsel For Appellant: Rohan Nanda
Counsel For Respondent: Vikrant Kackria