The Commissioner Of Central Excise Thane Ii Commissionarate v. M/S Conwood Pre Fab Pvt Ltd

13-CEXA-185-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 185 OF 2017 The Commissioner of Central Excise, Thane - II (Now Commissioner of CGST & C.Ex.

Palghar Commissionerate) ... Appellant

Versus

M/s. Conwood Pre Fab Pvt. Ltd.

...Respondent

Ms. P.S. Cardozo with Ms. Ruju Thakkar for the Appellant. Mr. Makrand Joshi, I/b MAX Legal for the Respondent.

CORAM:

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

DATED:

24TH SEPTEMBER, 2018 PC:- 1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 4th November, 2015 passed by Customs, Excise and Service Tax Appellate Tribunal (Tribunal). 2.

Our attention is invited to circular / instruction dated 11 July, 2018 issued by the Central Board of Indirect Taxes and Customs directing the Revenue not to file Appeals to the High Court where the tax effect is less than Rs.50 lakhs. It also directs its officers to withdraw the pending appeals where the tax effect is less than Jitendra Shankar Nijasure Jitendra Shankar Nijasure Date: 2018.09.26 11:09:24 +0530 Rs.50 lakhs.

3.

Ms. Cardozo, the learned counsel appearing in support of the Appeal on instructions from Mr. Shyamraj Prasad, Commissioner of Central Excise, Thane - II (now Commissioner 1/2

13-CEXA-185-2017.DOC of CGST & C.Ex., Palghar Commissionerate) seeks to withdraw this Appeal. In support of this she tenders a pursis dated 21st September, 2018 filed by the Commissioner seeking to withdraw the Appeal in view of the CBIC circular dated 11th July, 2018. The pursis is taken on record and marked 'A' for identification. 4.

Hence, the Appeal is dismissed as withdrawn. Refund of Court Fees, as per Rules.

( RIYAZ I. CHAGLA J. ) (M.S.SANKLECHA, J.) 2/2