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Madras High CourtWP/12167/2012dismissed as withdrawal

M/S.Texcare Pvt.Ltd., v. Commissioner Of Central

2020-02-13Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition No.12167 of 2012 and M.P. No.1 of 2012 M/s.Texcare Pvt Ltd Represented by its Director Mr.P.Ramesh .... Petitioner Vs 1.Commissioner of Central Excise, Gouberts Avenue (Beach Road), Pudhuchery - 605 009.

2.Addl. Commissioner of Central Excise (Adj)-Trichy, Now Pondicherry Commissioner, Gouberts Avenue (Beach Road), Pudhuchery - 605 009.

3.Assistant Commissioner of Central Excise (Adj)- Trichy, Now Pondicherry Commissioner, Gouberts Avenue (Beach Road), Pudhuchery - 605 009.

.... Respondents PETITION filed under Article 226 of The Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records of the impugned Final Order No.90-91/2012 dated 30.01.2012 in Appeal No.E/157 & 158/2004 passed by the Hon'ble Customs Excise & Service Tax Appellate Tribunal, Chennai and quash the same insofar as it seeks to uphold the levy of duty on traded "Tasopal" and "Care wet" and direct the 2nd/3rd Respondent or any other competent officer of the department to pass a fresh order in de-novo proceeding uninfluenced by impugned order to that extent based on independent evidence.

For Petitioner : Mr.R.Anishkumar For Respondents : Mrs.Hema Muralikrishnan, Senior Standing Counsel for R1 Mr.E.Vijay Anand for R2 & R3 1/2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

Learned counsel for the petitioner seeks permission to withdraw the Writ Petition. He has also made an endorsement to that effect.

2. Accordingly, this Writ Petition is dismissed as withdrawn. Connected Miscellaneous Petition is also dismissed. No costs.

Sd/- Assistant Registrar(C.S.III) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Central Excise, Gouberts Avenue (Beach Road), Pudhuchery - 605 009.

2. The Addl. Commissioner of Central Excise (Adj)-Trichy, Now Pondicherry Commissioner, Gouberts Avenue (Beach Road), Pudhuchery - 605 009.

3. The Assistant Commissioner of Central Excise (Adj)- Trichy, Now Pondicherry Commissioner, Gouberts Avenue (Beach Road), Pudhuchery - 605 009.

+1 cc to M/s.R.Anish Kumar,Advocate Sr.No. 11990 +1 cc to M/s.Hema Muralikrishnan,Advocate Sr.No. 11971 AKM/09.03.2020/2P-6C / Writ Petition No.12167 of 2012 and M.P. No.1 of 2012 2/2 https://hcservices.ecourts.gov.in/hcservices/