Madhya Pradesh High Court
M/S Prism Cement Limited vs Commissioner Of Central Excise And ... on 12 February, 2020
Author: Chief Justice
Bench: Chief Justice
1 CEA-1-2017
The High Court Of Madhya Pradesh
CEA-1-2017
(M/S PRISM CEMENT LIMITED Vs COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX)
Jabalpur, Dated : 12-02-2020
Shri Rohan Harne, learned counsel for the appellant.
Heard on I.A.No.2280/2020 under Section 127(7) of the Finance
(No.2) Act, 2019 seeking withdrawal of the appeal.
This appeal was admitted on 18.1.2017 for determination of the
following substantial question of law:-
"Whether in the facts and circumstances of the present case,
the Hon'ble Tribunal is correct in passing impugned order denying
the refund claim of Rs.98,13,422/- filed by the appellant on Cenvat
availed on mining equipment used in the captive mines when the
Hon'ble Supreme Court has held that Cenvat Credit on such
mining equipment used in the captive mines is admissible?"
Learned counsel for the appellant submitted that under the Sabka
Vishwas (Legacy Dispute Resolution) Scheme, 2019, the duty imposed upon
the appellant could be compounded. Accordingly, it was stated that the
appellant intends to approach the competent authority thereunder and prayed
for withdrawal of the appeal.
In view of the aforesaid, I.A.No.2280/2020 is allowed.
Accordingly, the present appeal is dismissed as withdrawn with liberty
as prayed for. It shall be open for the appellant to file an appropriate
application before the competent authority under the aforesaid scheme for
compounding the tax imposed, which shall be considered and decided in
accordance with law by passing a reasoned and speaking order.
Needless to mention that the appellant may make an application for
revival of the appeal in case the grievance survives after the order is passed
by the respondent.
2 CEA-1-2017
(AJAY KUMAR MITTAL) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
C
Digitally signed
by CHRISTOPHER
PHILIP
Date: 2020.02.13
15:20:57 +05'30'