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Karnataka HC: Export Service Classification Appeals Go to SC, Not HC

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Summary

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  • The Karnataka High Court has ruled that the Revenue's appeal regarding Microsoft India's CENVAT credit refund is not maintainable under Section 35G of the Central Excise Act, 1944.
  • The court determined that the appropriate forum for such appeals is the Supreme Court under Section 35L, as it involves questions related to excisability and rate of duty.
  • This decision follows the Supreme Court's precedent in M/s. Alupro Building Systems Pvt. Ltd. Vs Commissioner of Central Excise, which clarifies jurisdictional boundaries for excise duty matters.
  • The ruling underscores a significant procedural shift, requiring the Revenue to approach the Supreme Court for resolution on similar classification disputes in future cases.

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