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Bombay High CourtCEXA/144/2017

Commissioner Central Excise And Service Tax,Ltu Mumbai v. Reliance Industries Limited

2018-10-08Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

8-CEXA-144-17.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 144 OF 2017 Commissioner, Central Excise & Service Tax ...Appellant

Versus

Reliance Industries Limited

...Respondent

---------- Ms. P.S. Cardozo, for the Appellant.

Mr. Vipinkumar Jain a/w Mr. P.K. Shetty, Ms. Shilpa Balani, i/b A.S. Dayal & Associates, for the Respondent.

---------- CORAM :

M.S. SANKLECHA & RIYAZ I. CHAGLA, JJ.

DATE : 8 October 2018 ORDER :

1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 9th August 2016 passed by by Sharayu Pandurang Khot Date: 2018.10.11 11:47:46 +1200 Sharayu Pandurang Khot Customs, Excise and Service Tax Appellate Tribunal. 2.

The instructions / circular dated 11th July 2018 1 / 2 October 8, 2018

8-CEXA-144-17.doc issued by the Central Board of Indirect Tax and Customs directs the Revenue not to file fresh Appeals and also withdraw the pending Appeals where the tax effect is less than Rs. 50.00 Lakhs.

3.

In the above view, Ms. Cardozo, learned counsel appearing in support of the Appeal, on instructions of Shri. Tarun Kumar Panda, Assistant Commissioner (Law), GST & CX Commissionerate, Bhubaneswar seeks to withdraw the Appeal. Ms. Cardozo also files an Affidavit of Shri. Tarun Kumar Panda, Assistant Commissioner (Law), GST & CX Commissionerate, Bhubaneswar dated 8th October 2018 in support of the Application to withdraw this Appeal.

4.

In the above view, the Appeal is dismissed as withdrawn.

5.

Refund of Court Fees as per Rules.

[RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 2 / 2 October 8, 2018