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Bombay High CourtCEXA/241/2016withdrawn

The Principal Commissioner Of Central Excise Raigad Commissionerate v. M/S Mahindra Ugine Steel Co. Ltd. Known As Mahindar Sanyo Special Steel Pvt Ltd.

2017-12-05Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

12-cexa-241-2016 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 241 OF 2016 The Principal Commissioner of ... Appellant Central Excise, Raigad Commissionerate vs.

M/s. Mahindra Ugine Steel Co. Ltd.

... Respondents known as Mahindar Sanyo Special Steel Pvt. Ltd. ..........

Mr. Anil Singh, ASG a/w. Mr. M. Dwivedi i/b. Mr. J. B. Mishra for the Appellant..

Mr. Jas Sanghvi i/b. PDS Legal for the Respondent ..........

CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 5th DECEMBER, 2017 P. C.

1.

Learned ASG tendered across the bar a copy of circular / letter issued by the Commissioner, CGST and CX, Mumbai Central on 29th November, 2017 to the Principal Commissioner/ Commissioner, CGST and CX, Mumbai, Pune and Nagpur Zone as well as Additional/ Joint Commissioner, CCO, Custom, Mumbai Zone-I, II, III. By the said letter/ circular the attention of the officers is invited to the order dated 3rd October, 2017 passed by this Court in the present Appeal. We hope and trust that in view of the said communication, now the files will not be withdrawn from the Advocates appearing for the Revenue without discharging him in accordance with the Rules framed under

12-cexa-241-2016 Section 34(1) of the Advocates Act, 1961. The said letter / circular is taken on record and marked "X-1" for identification. 2.

Learned Counsel appearing for the appellant has tendered on record letter dated 4th November, 2017 addressed to the Advocate on record for the Appellant by the Assistant Commissioner, CGST and CX, Raigad by which the Advocate for appellant has been instructed to withdraw the appeal on the ground that the disputed amount is less than 20 lakhs. The said letter is taken on record and marked "X-2" for identification. In view of the aforesaid letter, the appeal is allowed to be withdrawn. The appellant is entitled to refund of Court fees as per rules.

(A.K. MENON, J.) (A.S. OKA, J.)