The Commissioner Of Central Excise And Customs v. Sri Bharat Kumar Agarwal

[ 3411 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR i PRESENT THE HONOURABLE SRI JUSTICE SUJOY PAUL AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO CENTRAL EXCISE APPEAL NO: 21 OF 2008 Central Excise Appeal filed under Section 35G of the Central Excise Act, 1944 against the Order dated 15.11.2006 passed in Appeal No. E170912004, Final Order No. 1901 on the file of the Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, FKCCI - WTC Building, K.G. Road, Bangalore preferred against the Order dated 31.03.2004 passed in Order - in - Original No. 1 1 of 2004-C EX on the file of the Commissioner of Customs and Central Excise, Hyderabad - ll Commissionerate, L.B.Stadium Road, Basheerbagh, Hyderabad. Between:

I I Commissioner of Central Tax and Central Excise, Secunderabad GST Commissionerate, GST Bhavan, Basheerbagh, Hyderabad. I (Amended vide Court Order dated 23.07.2024 in l.A.No. 1 of 2024) ...Appellant AND Sri Bharat Kumar Agarwal, M/s.Sunder Silk Mills [P] Ltd, 1-8-673, lDA., Azamabad, Hyderabad - 500 020.

...Respondent

Sri Dominic Fernandes, Senior SC for CBIC Counsel for the Appellant Counsel for the Respondent : Sri S. Ravi The Court delivered the following: JUDGMENT

THE HONOURABLE SRI JUSTICE SUJOY PAUL AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO CEA.No.21 of 2OO8 JUDGMENT (per Hon'ble SP,J) Sri Dominic Fernandes, learned Senior Standing Counsel for CBIC, for the appellant, seeks to withdraw this appeal with the liberty to file afresh in the event, it falls within the exceptions to the circular dated 06.O8.2024, issued by the CBIC. 2.

Learned counsel for the other side has no objection. 3.

Accordingly, this Appeai is dismissed as withdrawn with the liberty prayed for. No costs.

Interlocutory applications, if any pending, shall also stand closed Sd/-A.V.S.S.C.S.M.SARMA JOINT REGISTRAR ,TRUE COPY'

SECTION OFFICER To,

1. The Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, FKCCI - WTC Building, K G. Road, Bangalore. (with records, if any)

2. The Commissioner of Customs and Central Excise, Hyderabad - ll Commissionerate, L.B.Stadium Road, Basheerbagh, Hyderabad

3. One CC to Sri Dominic Fernandes, Senior SC for CBIC, Advocate [OPUC]

4. One CC to Sri S. Ravi, Advocate [OPUC]

5. Two CD Copies Njb/DL ?

HIGH COURT DATED:1 110912024 H!..:r14 e aff $il PATcH t c*o

JUDGMENT

CEA.No.21 of 2008 I DISMISS!NG THE CEA AS WITHDRAWN @qo4 8r, - f*\'q'