Appeal to higher courts - CBEC lays down procedure for futher 'Filter'
By TIOL News Service
NEW DELHI, NOV 13, 2017: HAVING found dismal record of the CBEC in winning court cases the TPRU had suggested that if the Department has lost a case at two previous stages of appeals, no more appeal should be filed. The Board took the view that this cannot be a rigid rule but such a principle may be applied on a case to case basis so as to ensure that critical issues such as classification, valuation/ refunds etc, that have a snowball effect, are taken care of.
The CBEC has now decided that the proposal of TPRU can be accepted subject to critical examination by the Commissionerate on a case to case basis. Wherever the concerned Commissioner feels that the matter is fit for filing further appeal in a higher fora as there are strong reasons justifying the further expense of monetary and energy resources, he would submit complete justification for appealing against a case for the third subsequent time to the Zonal Chief Commissioner.
The Zonal Chief Commissioner would satisfy himself that the Department has a strong case in the issue and would record his certificate accordingly. The reasons should not exceed twenty sentences. It is only after this certification that such SLP/CA proposals are to be sent to the Board or appeal to be filed at a higher fora.