M/S Futura Fibres v. Commisisoner Of Central

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2019

CORAM:

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.SARAVANAN C.M.A.No.2109 of 2009 M/s.Futura Fibres (A division of Futura Polyesters Ltd.) Chinnasekkadu, Manali Chennai - 600 068.

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Appellant/ Respondent Vs 1.Commissioner of Central Excise Chennai I Commissionerate Mahatma Gandhi Road Nungambakkam Chennai - 600 034.

2.Customs, Excise & Service Tax Appellate Tribunal Shastri Bhavan Annex No.26, Haddows Road Chennai - 600 006.

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Respondents/ Appellants Civil Miscellaneous Appeal is filed under Section 35G of Central Excise Act, 1944 against the Final Order No.1370/08, dated 02.12.2008 of Customs, Excise, Service Tax Appellate Tribunal and uphold Order-in-Appeal No.78/06 (M-I) dated 06.09.2006 of CCE (A) Chennai.

For Appellant :

Mr.P.R.Renganath For Respondents:

Mr.Vikram Ramakrishnan for R1 Mr.Rajinish Pathiyal for R2

JUDGMENT

[Judgment of the Court was made by Dr.VINEET KOTHARI, J] The learned counsel appearing for the appellant seeks leave of this Court to withdraw this petition with liberty to approach the respondent department for immunity under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019.

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2. The learned counsel appearing for the respondents do not have any objection.

3. Accordingly, this Civil Miscellaneous Appeal is dismissed as withdrawn, keeping the question of law arising in the appeal left open. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsm To 1.The Commissioner of Central Excise Chennai I Commissionerate Mahatma Gandhi Road Nungambakkam Chennai - 600 034.

2.Customs, Excise & Service Tax Appellate Tribunal Shastri Bhavan Annex No.26, Haddows Road Chennai - 600 006.

+1cc to Mr.Rajinish Pathiyil , Advocate SR.No. 94864 C.M.A.No.2109 of 2009 A.SK(26/12/2019) https://hcservices.ecourts.gov.in/hcservices/