The Principal Commissioner Of Central Tax And Cetral Excise, Mumbai South Commissionerate v. Acc Limited

45-CEXA-84-2018.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 84 OF 2018 The Principal Commissioner of CGST & Central Excise, Mumbai South Commissionerate ... Appellant

Versus

M/s. ACC Limited

...Respondent

Mr. Pradeep S. Jetly, with Mr. J.B. Mishra, for the Appellant.

CORAM:

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

DATED:

17TH SEPTEMBER, 2018 PC:- 1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 11th December, 2017 passed by Customs, Excise and Service Tax Appellate 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: 2018.09.21 12:32:12 +0530 Rs.50 lakhs.

3.

Mr. Jetly, the learned counsel appearing in support of the Appeal on instructions from Mr. Shyam Raj Prasad, Commissioner, CGST & C.Ex., Mumbai South Commissionerate 1/2

45-CEXA-84-2018.DOC seeks to withdraw this Appeal. In support of this he tenders a pursis dated 28th August, 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Hence, the Appeal is dismissed as withdrawn.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