COMMISSIONER OF CUSTOMS Vs. MOTOROLA INDIA LTD

JUDGEMENT

(1.) Leave granted in S.L.P.(C) No. 29444/2012 and S.L.P.(C) No. 12755/2015.

(2.) A short question that arises for consideration in these appeals is, as to whether an appeal from the order of Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the "CESTAT"), involving an issue regarding violation of conditions contained in customs exemption notification, would lie before the High Court under the provisions of Section 130 of the Customs Act, 1962 (hereinafter referred to as the "Customs Act") or to this Court under the provisions of Section 130E of the Customs Act.

(3.) The facts in the present matter are not in dispute. For the sake of convenience, we would refer to the facts in Civil Appeal No. 10083/2011, inasmuch as the impugned judgment and order(s) in all other connected appeals are passed following the judgment and order passed by the Karnataka High Court in CS TA No. 2/2007.