Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
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

DRI Busts International Gold-Smuggling Syndicate Operated By Chinese National

The Directorate of Revenue Intelligence (DRI), Mumbai Zonal Unit, has busted an international gold-smuggling...

ICAI Examines Private Equity Funding for Consultancy and Accounting Businesses, Audit Practices to Remain Ring-Fenced

The Institute of Chartered Accountants of India (ICAI) is examining whether private equity investment...

Foreign Salary Remitted to NRE Account Can’t Be Treated as Unexplained Investment Merely on SFT Data: CIT(A) Deletes ₹1.33 Crore Addition

The Commissioner of Income Tax (Appeals), Delhi, has deleted an addition of ₹1.33 crore...

Export Commission Paid to Foreign Agents for Services Outside India Not Liable to TDS: ITAT

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

More like this

DRI Busts International Gold-Smuggling Syndicate Operated By Chinese National

The Directorate of Revenue Intelligence (DRI), Mumbai Zonal Unit, has busted an international gold-smuggling...

ICAI Examines Private Equity Funding for Consultancy and Accounting Businesses, Audit Practices to Remain Ring-Fenced

The Institute of Chartered Accountants of India (ICAI) is examining whether private equity investment...

Foreign Salary Remitted to NRE Account Can’t Be Treated as Unexplained Investment Merely on SFT Data: CIT(A) Deletes ₹1.33 Crore Addition

The Commissioner of Income Tax (Appeals), Delhi, has deleted an addition of ₹1.33 crore...