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Bombay High CourtCEXA/83/2017withdrawn

The Commissioner Of Central Excise Mumbai Iv v. M/S Mahindra And Mahindra Ltd. (Auto Division)

2018-08-21Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

11-CEXA-83-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 83 OF 2017 The Commissioner of Central Excise Mumbai - IV.

... Appellant

Versus

M/s. Mahindra & Mahindra Ltd.

...Respondent

Mr. Dwivedi, I/b Mr. Vipul Bajapyee for the Appellant. Mr. C.S. Biradar, I/b Padmavati Patil, for the Appellant.

CORAM:

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

DATED:

21ST AUGUST, 2018 PC:- 1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 2nd June, 2015 passed by Customs, Excise and Service Tax Appellate Tribunal.

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 Jitendra Shankar Nijasure appeals where the tax effect is less than Rs.50 lakhs. 3.

In the above view, Mr. Dwivedi, the learned counsel by Jitendra Shankar Nijasure Date: 2018.08.28 16:29:32 +0530 appearing in support of the appeal, on written instructions dated 19th September, 2017 of Mr. S.K. Vimalanathan, Commissioner 1/2

11-CEXA-83-2017.DOC (CGST & CX) Thane Commissionerate seeks to withdraw the appeal.

4.

Mr. Dwivedi, the learned counsel appearing for the Appellant undertakes to file the Vakalatnama by Friday i.e. 24th August, 2018.

4.

Accordingly, the appeal is dismissed as withdrawn. 5.

Refund of Court Fees as per Rules.

( RIYAZ I. CHAGLA J. ) (M.S.SANKLECHA, J.) 2/2