COMMISSIONER OF CENTRAL EXCISE Vs. TCP LTD.

JUDGEMENT

(1.) REVENUE filed this appeal against the order of the Commissioner (Appeals) whereby the adjudication order was set aside. After hearing both sides, and on perusal of the records, we find that the adjudicating authority confirmed the demand of duty of Rs. 66,816/ -. The learned AR for Revenue submits that the amount may be less than Rs. 5 lakhs but the Board's Circular No. 390/Misc./163/2010 -JC, dated 20 -10 -2010 will not apply as decided by the Hon'ble Madras High Court in the case of CCE, Chennai -IV v. M/s. Sundaram Fasteners Ltd. - : 2014 -TIOL -201 -HC -MAD -CX [2014 (304) E.L.T. 7 (Mad.)]. He further submits that the Board's circular (supra) would not apply retrospectively.

(2.) WE find that the Hon'ble Madras High Court in the case of Sundaram Fasteners Ltd. after considering the said Board's circular observed that irrespective of the monetary limit involved in such cases, if the substantial question of law raised demands consideration by the Hon'ble Court, such circular ought not to be interpreted or understood to stand in the way of the Hon'ble Court to consider the merits of the case. It is apparent that the Hon'ble High Court had made observation in the context of question of law formulated by the Hon'ble Court on merits of the case. The Hon'ble Madras High Court while confirming the order of the Tribunal on the levy of penalty under Section 11AC had reversed the order of the Tribunal on the question of interest as per Rule 14 read with Section 11AB of the Central Excise Act, 1944.

(3.) IN view of that, we dismiss the appeal filed by the Revenue following the Board's circular and the decision of Hon'ble Karnataka High Court (supra).