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Bombay High CourtCEXA/168/2018

The Commissioner Of Cgst And Central Excise, Palghar Commissionerate v. Ritex Overseas

2018-11-01Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

909-CEXA-168-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 168 OF 2018 The Commissioner of CGST & Central Excise, Palghar Commissionerate ...Appellant

Versus

Ritex Overseas

...Respondent

---------- Mr. Pradeep S. Jetly, a/w Mr. J.B. Mishra, for the Appellant. ---------- CORAM :

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

DATE : 1 November 2018 ORDER :

1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 6th September 2017 passed by Customs, Excise and Service Tax Appellate Tribunal. 2.

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

909-CEXA-168-18.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, Shri. Jetly, learned Counsel appearing in support of the Appeal, on instructions of Shri. Shyam Raj Prasad, Commissioner, (CGST & CX), Palghar Commissionerate seeks to withdraw the Appeal. In fact, Shri. Shyam Raj Prasad, Commissioner, (CGST & CX), Palghar Commissionerate has filed a purshis dated 29th October 2018 to the above effect. The same is taken on record and marked "A" for identification.

4.

Accordingly, the Appeal is dismissed as withdrawn. 5.

Refund of Court Fees as per Rules.

[RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 2 / 2 November 1, 2018