The Commissioner Of Central Excise v. Shri San Deep Agarwal

Uday S. Jagtap 150-10-CEXA-902=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 150 OF 2010 The Commissioner of Central Excise, Thane-I .. Appellant v/s.

Sandeep Agarwal, Director, M/s. Amar Ispat Pvt. Ltd.

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

DATED : 4th OCTOBER, 2018.

P.C.

1.

This appeal under Section 35G of the Central Excise Act, 1944 challenges the order dated 25th June, 2008 passed by the Customs, Excise and Service Tax Appellate Tribunal (Tribunal). This appeal was admitted on 13th January, 2011.

2.

The instructions / circular dated 11th July, 2018 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 lakhs.

Uday Shivaji Jagtap Digitally signed by Uday Shivaji Jagtap Date:

2018.10.05 17:48:11 +0530

Uday S. Jagtap 150-10-CEXA-902=.doc 3.

In the above view, Ms. Cardozo, learned Counsel appearing in support of the appeal, on instructions of Mr. C. Dhanasekaran, Commissioner of CGST & CE, Thane Rural seeks to withdraw the appeal. In fact, Mr. C. Dhanasekaran, Commissioner of CGST & CE, Thane Rural has filed a pursis dated 4th September, 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Accordingly, the appeal is dismissed as withdrawn. 5.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.)