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Bombay High CourtCEXA/191/2014withdrawn

The Commissioner Of Central Excise, Mumbai-V Commissionerate v. M/S. Golden Tobacco Ltd.

2016-07-11Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

suresh 4&5-CEXA-189.2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.189 OF 2014 AND CENTRAL EXCISE APPEAL NO.191 OF 2014 The Commissioner of Central Excise, Mumbai-V Commissionerate .... Appellant Vs.

M/s. Golden Tobacco Ltd.

.... Respondent Mr. A.S. Rao with Mr. Jitendra B. Mishra for the Appellant.

Mr. Vinay Ansurkar i/by M/s. Legal Solution for the Respondent.

CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : JULY 11, 2016 P.C:

1.

Mr. Rao, on instructions, states that the Revenue may be allowed to withdraw these appeals.

2.

They are withdrawn in the light of the Circular issued by the Revenue which determines the limit of monetary sums or the sum above which alone the appeals of the Revenue are to be pressed. Every appeal involving a sum mentioned

suresh 4&5-CEXA-189.2014.doc below this limit would not be pressed and on the Revenue's request the Court may dismiss it as withdrawn. 3.

We have found that the Revenue is withdrawing the appeals though admitted on substantial questions of law. It is for the Revenue to decide and withdraw the appeals based on its Circular, but we clarify that we have expressed no opinion on the questions of law nor on the legality and validity of the Circular.

4.

By clarifying as above, both these appeals are allowed to be withdrawn and stand disposed of as such. (DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)