Commissioner Of Central Excise v. Kcf Chit Funds Pvt Ltd
In the High Court of Judicature at Madras Dated : 11.10.2018 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Civil Miscellaneous Appeal No.2636 of 2017 & CMP.No.14482 of 2017 The Commissioner of Central Excise & Service Tax, Coimbatore-18.
...Appellant/Respondent Vs KCF Chit Funds Private Limited, Mettupalayam-641301.
...Respondent/Appellant
APPEAL under Section 35G of the Central Excise Act, 1944 against the order dated 14.10.2016 in Final Order No.41999 of 2016 on the file of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai. For Appellant :
Mr.K.S.Ramaswamy For Respondent :
Mr.S.Jaikumar Judgment was delivered by T.S.SIVAGNANAM,J Heard the learned counsel for the appellant.
2. This appeal by the Revenue challenges the order passed by the Customs, Excise and Service Tax Appellate Tribunal, which decided the issue in favour of the assessee.
3. The Revenue seeks to withdraw the appeal on account of low tax effect, in the nature of a refund claim, in terms of Circular dated 11.7.2018 issued by the Central Board of Indirect Taxes and Customs.
4. In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law raised are left open. In the event the tax effect, in the nature of a refund https://hcservices.ecourts.gov.in/hcservices/
claim, is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits. No costs. Consequently, the connected CMP is also dismissed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To
1. The Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai.
2. The Commissioner of Central Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai.
+1cc to Mr.S.Jaikumar, Advocate, S.R.No.70381 +1cc to Mr.K.S.Ramasamy, Advocate, S.R.No.70482 CMA.No.2636 of 2017& CMP.No.14482 of 2017 AD(CO) rrs 15/11/2018 https://hcservices.ecourts.gov.in/hcservices/