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Bombay High CourtCEXA/128/2008

The Commissioner Of Cetral Excise,Thane-Ii v. M/S Classic Stripes Pvt Ltd

2018-10-09Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

Uday S. Jagtap 128-08-CEXA-903=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 128 OF 2008 The Commissioner of Central Excise Thane .. Appellant v/s.

M/s. Classic Stripes Pvt. Ltd.

..Respondents and Ors.

Mr. M. Dwivedi for the appellant None for the respondent CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA, J.J.

DATED : 9th OCTOBER, 2018.

P.C.

1.

This appeal under Section 35G of the Central Excise Act, 1944 challenges the order dated 27th July, 2016 passed by the Customs, Excise and Service Tax Appellate Tribunal (Tribunal). The appeal was admitted on 27th August, 2008.

2.

The instructions / circular dated 11th July, 2018 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 lakhs.

Uday Shivaji Jagtap Digitally signed by Uday Shivaji Jagtap Date:

2018.10.10 11:17:29 +0530

Uday S. Jagtap 128-08-CEXA-903=.doc 3.

In the above view, Mr. Dwivedi, learned Counsel appearing in support of the appeal, on instructions of Mr. Sham Raj Prasad, Commissioner of CGST and Service Tax, Palghar Commissionerate seeks to withdraw the appeal.

4.

Accordingly, the appeal is dismissed as withdrawn. 5.

Refund of Court Fees as per Rules.

(RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.)