Commissioner Of Central Excise , Mumbai v. S. B. Jhaveri , Thane

903-CEXA-54-09.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 54 OF 2009 Commissioner of Central Excise ...Appellant

Versus

S.B. Jhaveri

...Respondent

---------- Ms. P.S. Cardozo, for the Appellant.

---------- CORAM :

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

DATE : 5 October 2018 ORDER :

1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 12th December 2006 passed by Customs, Excise and Service Tax Appellate Tribunal. 2.

The Appeal was admitted on 5th August 2009.

1 / 2 October 5, 2018

903-CEXA-54-09.doc 3.

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. 50.00 Lakhs.

4.

In the above view, Ms. Cardozo, learned counsel appearing in support of the Appeal, on instructions of Shri. S.K. Vimalanathan, Commissioner, (CGST & CX), Thane seeks to withdraw the Appeal. In fact, Shri. S.K. Vimalanathan, the Commissioner (CGST & CX), Thane has filed a purshis dated 31st July 2018 to the above effect. The same is taken on record and marked "A" for identification.

5.

Accordingly, the Appeal is dismissed as withdrawn. 6.

Refund of Court Fees as per Rules.

[RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 2 / 2 October 5, 2018