M/S. The Kadri Mills (Cbe) Ltd v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2018

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.A.No.542 of 2016 M/s.The Khadri Mills (Cbe) Ltd., Unit of Kadri Woven's SIPCOT Industrial Growth Estate, P.V.Palayam (Post) Perundurai, Erode (Dist) Tamil Nadu - 638 052.

Represented by B.Sri Hari Prasad ...Appellant Vs 1.Union of India Represented by Revenue Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001.

2.Government of India, Represented by Joint Secretary, Department of Revenue, Ministry of Finance, Government of India, 14, HUDCO Vishala Building, B-Wing, Sixth Floor, Bhikaji Cama Place, New Delhi - 110 066.

3.The Central Board of Excise and Customs Represented by Chairman 153, North Block, New Delhi - 110 001.

4.The Commissioner of Central Excise No.1, Foulks Compound, Anai Medu, Salem - 636 001. 5.The Commissioner of Central Excise, Appeals No.1, Foulks Compound, Anai Medu, Salem - 636 001. 6.The Assistant Commissioner of Central Excise, Erode I Division, No.81, Bharathi Nagar, Erode - 638 004.

...Respondents

Prayer:- Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed by this Court in W.P.No.37161 of 2015 dated 03.03.2016.

W.P.No.37161/2015:

Writ Petition filed under Article 226 of the constitution of India praying to issue a Writ of Certiorarified Mandamus call for the records comprised in impugned Order No.22/2015-CX dated 27.07.2015 on the file of the second respondent and quashing the same and consequently direct the sixth respondent to sanction the rebate in cash.

For Appellants : Ms.D.Naveena For Respondent : Mr.Sundareswaran

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) The learned counsel for the appellant made an endorsement indicating that she is withdrawing the intra court appeal.

2. In view of the endorsement so made, the intra court appeal is dismissed as withdrawn. No costs.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar svki To 1.The Revenue Secretary, Union of India Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001.

2.The Joint Secretary, Government of India, Department of Revenue, Ministry of Finance, Government of India, 14, HUDCO Vishala Building, B-Wing, Sixth Floor, Bhikaji Cama Place, New Delhi - 110 066.

3.The Chairman The Central Board of Excise and Customs 153, North Block, New Delhi - 110 001.

4.The Commissioner of Central Excise No.1, Foulks Compound, Anai Medu, Salem - 636 001. 5.The Commissioner of Central Excise, Appeals No.1, Foulks Compound, Anai Medu, Salem - 636 001. 6.The Assistant Commissioner of Central Excise, Erode I Division, No.81, Bharathi Nagar, Erode - 638 004.

+1 CC to Mr.V. Sundareswaran, Advocate sr 25291. +1 Cc to Mr.S. Durairaj, Advocate sr 25990.

W.A.No.542 of 2016 KAN(CO) SP(23/04/2018)