Commissioner Of Central v. Tvs Motor Company Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

16.2.2017 Coram:

The Hon'ble Mr.Justice HULUVADI G.RAMESH and The Hon'ble Dr. Justice ANITA SUMANTH C.M.A.No.2692 of 2015 Commissioner of Central Excise Chennai III Commissionerate No.261/Mahatma Gandhi Salai, Nungambakkam, Chennai 600 034.

Appellant

Versus

1. TVS Motor Company Limited, Post Box No.4, Harita, Hosur 635 109.

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

Respondents Prayer: Civil Miscellaneous Appeal filed under Section 35G of Central Excise Act, 1944 against the Final Order No.40548/2015 dated 8.5.2015 on the file of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), South Zonal Bench, Chennai 600 006.

For Appellant : Mrs.R.Hemalatha For R1 : No appearance.

JUDGMENT

This Civil Miscellaneous Appeal is filed against the order of the Customs, Excise and Service Tax Appellate Tribunal in Final Order No.40548/2015 dated 8.5.2015.

2. The following substantial questions of law is raised :

"Whether the CESTAT is right in allowing the balance of CENVAT credit in the subsequent year when the said goods were not in the possession and use of the manufacturer of final products in such subsequent year clearly contravening the eligibility conditions laid down in Rule 57AC(2) (b) of Central Excise (Second Amendment (Amendment) Rules, 2000 which was in effect during the material period?"

3. The learned counsel brought to our notice, Circular https://hcservices.ecourts.gov.in/hcservices/

in C.No.I/10/10/2016 Legal dated 21.3.2016, wherein, it is stated that the Central Board of Excise and Customs, New Delhi, vide Letter F.No.390/Misc./163/2010 J.C. dated 17.12.2015, has fixed the monetary ceiling for filing appeals before the High Court at Rs.15,00,000/-. Learned counsel for the Department, thus, seeks to withdraw the appeal.

4. In view of the above, without going into the merits and preserving the questions of law for adjudication in an appropriate case, this Civil Miscellaneous Appeal is dismissed as withdrawn. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ssk.

To 1.The Assistant Registrar, Customs, Excise & Service Tax Appellate Tribunal, No.26, Shastri Bhavan Annexe Building, Haddows Road, Chennai 600 006.

2.The Section Officer,VR Section,High Court,Madras. +1cc to M/s.R.Hemalatha,Advocate sr.10033 C.M.A.No.2692 of 2015 ss(co) ss(13/3/2017) https://hcservices.ecourts.gov.in/hcservices/