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Bombay High CourtCEXA/199/2017

The Commissioner Of Central Excise Customs And Service Tax v. M/S Filatex India Ltd

2018-09-19Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

42-CEXA-199-17.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 199 OF 2017 The Commissioner of Central Excise ...Appellant

Versus

M/s. Filatex India Ltd.

...Respondent

---------- Mr. Sham V. Walve, i/by Mr. Nikhil N. Wadikar, for the Appellant.

Ms. Divyesha Mathur, i/by PDS Legal, for the Respondent. ---------- CORAM :

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

DATE : 19 September 2018 ORDER :

1.

This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 20th March 2015 passed by 1 / 2 September 19, 2018

42-CEXA-199-17.doc 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 Appeals where the tax effect is less than Rs. 50.00 Lakhs.

3.

In the above view, Shri. Walve, learned counsel appearing in support of the Appeal, on instructions of Shri. P.K. Bamnia, Assistant Commissioner (Legal), (CGST & CX) Daman Commissionerate, seeks to withdraw the Appeal. 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Accordingly, the Appeal is dismissed as withdrawn. 5.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 September 19, 2018