HomeIndirect TaxesBenefit Of Monetary Limits Guidelines Not Applicable In Classification Disputes: Delhi High...

Benefit Of Monetary Limits Guidelines Not Applicable In Classification Disputes: Delhi High Court

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Delhi High Court has held that the benefit of monetary limits guidelines is not applicable in classification disputes.

The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta remanded the matter to Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Principal Bench, New Delhi for a fresh adjudication on the classification issue itself and not to dispose of the matter on merely the monetary limit.

The petitioner/assessee has challenged the order passed by the Customs, Excise and Service Tax Appellate Tribunal, Principal Bench at New Delhi.

The customs department has contended that though the monetary limit is below Rs.50,00,000/-, the classification of the product would be a recurring and a legal issue and hence in terms of exception in Clause 2(c) of the ‘Instruction’ dated 2nd November 2011, the issue deserves to be considered. 

the Petitioner relies upon the order passed by CESTAT, Chennai in which the same product was involved i.e., PVC Resin Grade SP 660 (Suspension Grade) and the CESTAT, Chennai had refused to entertain the matter and had disposed it on the ground of monetary value. 

The court held that this is an old matter, CESTAT, Principal Bench, New Delhi shall dispose of the matter within three months.

Case Details

Case Title: M/S Gourishankar Polymer Industries Versus Commissioner Of Customs

Case No.: CUSAA 48/2025 & CM APPL. 11174/2025

Date: 20/02/2025

Counsel For Petitioner: Prashant Srivastava

Counsel For Respondent: Aakarsh Srivastava

Read More: Wrongful GST ITC Availment: Meerut Court Denies Bail To Person Involved In Fake Copper Scrap Billing Racket

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

GST on Silver: Rates, HSN Codes, Calculation & Impact Explained

Before the implementation of the Goods and Services Tax (GST), the taxation system on...

Understanding Income Tax Notices: Password, Types, and Key FAQs

After successfully filing your Income Tax Return (ITR), the Income Tax Department begins processing...

ITAT Restricts Arbitrary 2% Income Estimation, Applies 0.40% GP Rate; Penalty Deleted

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has curtailed arbitrary estimation...

Estimated Bogus Purchase Additions Can’t Attract Penalty: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the...

More like this

GST on Silver: Rates, HSN Codes, Calculation & Impact Explained

Before the implementation of the Goods and Services Tax (GST), the taxation system on...

Understanding Income Tax Notices: Password, Types, and Key FAQs

After successfully filing your Income Tax Return (ITR), the Income Tax Department begins processing...

ITAT Restricts Arbitrary 2% Income Estimation, Applies 0.40% GP Rate; Penalty Deleted

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has curtailed arbitrary estimation...