The Principal Commissioner Of Central Excise Belapur Commissionerate v. M/S. Kinjin Food Pvt Ltd

50-CEXA-121-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 121 OF 2017 The Principal Commissioner of Central Excise Belapur Commissionerate ... Appellant

Versus

M/s. Kinjin Food Pvt. Ltd.

...Respondent

Mr. Swapnil Bangur, with Satyaprakash Sharma for the Appellant. Mr. Kuber Wagle, I/b Purnanad & Co. for the Respondent.

CORAM:

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

DATED:

3RD SEPTEMBER, 2018 PC:- 1.

This Appeal under Section 83 of the Finance Act read with Section 35G of Central Excise Act, 1944 challenges the order dated 19th February, 2016 passed by Customs, Excise and Service Tax Appellate Tribunal. This Appeal was admitted on 3rd October, 2017.

2.

Our attention is invited to circular / instruction dated 11 July, 2018 issued by the Central Board of Indirect Taxes and Customs directing the Revenue not to file Appeals to the High Court where Jitendra Shankar Nijasure the tax effect is less than Rs.50 lakhs. It also directs its officers to Jitendra Shankar Nijasure Date: 2018.09.05 13:53:43 +0530 withdraw the pending appeals where the tax effect is less than Rs.50 lakhs.

1/2

50-CEXA-121-2017.DOC 3.

Mr. Bangur, the learned counsel appearing in support of the Appeal on instructions from Manish Thapliyal, Joint Commissioner (Legal) CGST & CX, Belapur Commissionerate seeks to withdraw this Appeal. This is on account of tax effect being less of Rs.50,00,000/- as provided in CBIC circular dated 11th July, 2018. 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Hence, the Appeal is dismissed as withdrawn.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