Commissioner Of Customs Central Excise And Service Tax Nashik I v. B P Jain

69-CEXA-58-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 58 OF 2017 The Commissioner of Customs, Central Excise, & Service Tax, Nashik-I Commissionerate ... Appellant

Versus

B.P. Jain

...Respondent

Mr. M. Dwivedi with Mr. Sham Walve for the Appellant.

CORAM:

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

DATED:

3RD OCTOBER, 2018 PC:- 1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 24th February, 2016 passed by Customs, Excise and Service Tax Appellate Tribunal. 2.

Our attention is invited to circular / instruction dated 11 July, Jitendra Shankar Nijasure 2018 issued by the Central Board of Indirect Taxes and Customs Jitendra Shankar Nijasure Date: 2018.10.04 12:30:06 +0530 directing the Revenue not to file Appeals to the High Court where the tax effect is less than Rs.50 lakhs. It also directs its officers to withdraw the pending appeals where the tax effect is less than Rs.50 lakhs.

3.

Mr. Dwivedi, the learned counsel appearing in support of the Appeal on instructions from Mr. Shrikant S. Patil, Commissioner, 1/2

69-CEXA-58-2017.DOC CGST and Central Excise, Nashik seeks to withdraw this Appeal. In support of this he tenders a pursis 21st September, 2018 filed by the Commissioner seeking to withdraw the Appeal in view of the CBIC circular dated 11th July, 2018. The pursis is taken on record and marked 'A' for identification.

4.

Hence, the Appeal is dismissed as withdrawn. Refund of Court Fees, as per Rules.

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