The Commissioner Of Service Tax-I, Mumbai-I Commissionerate v. M/S. Vasudha Agencies

41-CEXA-59-2016.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 59 OF 2016 The Commissioner of Service Tax -I, Mumbai Commissionerate ... Appellant

Versus

M/s. Vasudha Agencies

...Respondent

Mr. Swapnil Bangur with Mr. Sham Walve, for the Appellant. Mr. Aditya Manjrekar, I/b MLS Vani & Associates for the Respondent.

CORAM:

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

DATED:

17TH SEPTEMBER, 2018 PC:- 1.

The Appeal was admitted on 17th January, 2018. This Appeal under Section 83 of the Finance Act, 1994 read with Section 35G of Central Excise Act, 1944 challenges the order dated 10th September, 2014 passed by Customs, Excise and Service Tax Appellate Tribunal.

2.

Our attention is invited to circular / instruction dated 11 July, 2018 issued by the Central Board of Indirect Taxes and Customs Jitendra Shankar Nijasure directing the Revenue not to file Appeals to the High Court where Jitendra Shankar Nijasure Date: 2018.09.21 12:32:10 +0530 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.

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41-CEXA-59-2016.DOC 3.

Mr. Bangur, the learned counsel appearing in support of the Appeal on instructions from Mr. Shyam Raj Prasad, Commissioner, CGST & C.Ex., Mumbai South Commissionerate seeks to withdraw this Appeal. In support of this he tenders a pursis dated 29th August, 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Hence, the Appeal is dismissed as withdrawn.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