The Commissioner Of Central Excise Customs And Service Tax v. Chandan Tobacco Company

Uday S. Jagtap 1487-17-NMA-3=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1487 OF 2017 IN NOTICE OF MOTION NO. 2074 OF 2016 IN CENTRAL EXCISE APPEAL (L) NO. 96 OF 2013 The Commissioner of Central Excise, Customs and Service Tax .. Applicant / Orig.

Appellant v/s.

M/s. Chandan Tobacco Co.

..Respondent Ms. P.S. Cardozo for the applicant / orig. appellant None for the respondent CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA, J.J.

DATED : 6th SEPTEMBER, 2018.

P.C.

1.

This motion has been taken out to recall an order dated 9th January, 2017 passed by this Court dismissing the Notice of Motion No. 2074 of 2016 for want of prosecution. The Motion No.2074 of 2016 was filed for setting aside the order dated 25th July, 2013 of the Prothonotary and Senior Master rejecting the appeal under Rule 986 of the Bombay High Court (Original Side) Rules for non-removal of office objections.

Digitally signed by Uday Shivaji Jagtap Date:

2018.09.11 19:19:15 +0530 Uday Shivaji Jagtap

Uday S. Jagtap 1487-17-NMA-3=.doc 2.

Ms. Cardozo, learned Counsel appearing in support of the motion states that she has been instructed to withdraw this motion as the tax effect involved in the appeal, in which this motion has been taken out, is less than the threshold limits of Rs.50 lakhs provided in the Circular / Instructions dated 11th July, 2018 issued by the Central Board of Indirect Taxes and Customs. This application for withdrawal is made by the Counsel on instructions from Mr. Sushant Kumar, Asstt. Commissioner (Legal) CGST, Daman.

3.

In the above view, Notice of Motion is dismissed as withdrawn. (RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.)