The Commissioner Of Central Excise-Pune-Iii v. M/S Donaldson India Filter Systems Pvt Ltd

suresh 1-3-CEXA-164.2007.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.164 OF 2007 The Commissioner of Central Excise, Pune-III Commissionerate .... Appellant Vs.

M/s. Donaldson India Filter Systems Pvt. Ltd.

.... Respondent AND CENTRAL EXCISE APPEAL NO.71 OF 2008 Commissioner of Central Excise, Raigad Commissionerate .... Appellant Vs.

M/s. Hindustan Organic Chemicals Ltd.

.... Respondent AND CENTRAL EXCISE APPEAL NO.89 OF 2010 The Commissioner of Central Excise, Thane-II Commissionerate .... Appellant Vs.

M/s. Wellspun Syntex Ltd.

.... Respondent Mr. Joel J. Carlos for the Appellant in all appeals. Mr. Rahul Mehta i/by M/s. KMC Legal Venture for the Respondent in CEXA-71/2008.

Mr. Jas Sanghavi i/by M/s. PDS Legal for the Respondent in CEXA-89/2010.

suresh 1-3-CEXA-164.2007.doc CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : MARCH 06, 2017 P.C:

1.

The counsel appearing for the Revenue, 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They are withdrawn in the light of the Circular issued by the Revenue which determines the limit of monetary sums or the sum above which alone the appeals of the Revenue are to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a sum mentioned below this limit would not be pressed and on the Revenue's request the Court may dismiss it as withdrawn.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By clarifying as above, all these appeals are allowed to be withdrawn and stand disposed of as such.

(B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)