The Commissioner, Customs And Central Excise v. M/S.Hyderabad Cylinders (P)Limited

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE P.KESHAVA RAO C.E.A.No. 128 of 2006 JUDGMENT: (per V. Ramasubramanian, J) In view of the endorsement made by Mr.Y.N.Vivekananda, learned counsel for the petitioner and in view of the Circular F.No.390/ Misc/ 116/ 2017-JC dated 11.07.2018, the Appeal is dismissed as withdrawn. However, the questions of law are left open. In case the Department finds later on that the case falls within the exceptions mentioned in the circular or that the circular is not applicable to the case, it is open to the Department to come back.

Consequently, miscellaneous petitions if any pending in the Appeal shall stand dismissed. No order as to costs. _____________________ V. RAMASUBRAMANIAN, J ________________ P. KESHAVA RAO, J February 14, 2019 gkv