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Madras High CourtCMA/3404/2006withdrawn dismissed

The Commissioner Of Central v. Prodigy Computers &

2016-02-12Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice V. Ramasubramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 12.2.2016

CORAM

THE HON'BLE MR.JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE MR.JUSTICE N.KIRUBAKARAN C.M.A. No.3404 of 2006 and M.P.No.2 of 2006 The Commissioner of Central Excise, Chennai II Commissionerate, No.692, MHU Complex, Anna Salai, Nandanam, Chennai 600 035.

... Appellant Vs.

1. M/s.Prodigy Computers & Communications (P) Ltd., 177, First Floor, Luz Church Road, Mylapore, Chennai 600 004.

2. Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Shasthri Bhawan Annexe, 1st Floor, 26 Haddows Road, Chennai 600 006.

... Respondents Civil Miscellaneous Appeal filed under Section 35G of the Central Excise Act, 1944 against the Final Order No.742 of 2005 dated 2.5.2005 on the file of the Customs, Excise and Service Tax Appellate Tribunal, Chennai Bench.

For appellant : Mr.K.Mohanamurali For Respondents : No appearance

JUDGMENT

(Judgment of the Court was delivered by V.RAMASUBRAMANIAN, J. ) Though the appeal was admitted way back on 16.12.2006 on two questions of law, the monetary value of the appeal is less than https://hcservices.ecourts.gov.in/hcservices/

Rs.15 lakhs. In view of the circular of the Central Board of Excise & Customs in F.No.390/Misc./163/2010-JC dated 1.1.2016 the Civil Miscellaneous Appeal is dismissed, leaving open the questions of law. No costs. The connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Shasthri Bhawan Annexe, 1st Floor, 26 Haddows Road, Chennai 600 006.

+1cc to Mr.K.Mohanamurali, Advocate, S.R.No.9215 + 1 cc to Feroz Ali, Advocate Sr 9155 (4/3/16) C.M.A. No.3404 of 2006 TEJ(CO) CA(26/02/2016) https://hcservices.ecourts.gov.in/hcservices/