Supreme Court - Daily Orders
Commissioner Of Central Excise Mumbai ... vs Aries Agro Vet Industries Ltd. on 14 December, 2018
Bench: A.K. Sikri, S. Abdul Nazeer
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL D. NO. 41393 OF 2018
COMMISSIONER OF CENTRAL EXCISE
MUMBAI-II APPELLANT(S)
VERSUS
ARIES AGRO VET INDUSTRIES LTD. RESPONDENT(S)
O R D E R
Delay condoned.
In the peculiar facts and circumstances of the case, particularly the fact that qua earlier Assessment Year the Department has accepted the Order of the Customs, Excise and Service Tax Appellate Tribunal ("CESTAT") and did not file an appeal, this appeal is dismissed. However, the question of law is kept open.
Pending applications, if any, stand disposed of.
…...…................J. (A.K. SIKRI) …...…................J. (S. ABDUL NAZEER) NEW DELHI, Signature Not Verified DECEMBER 14, 2018 Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2018.12.24 14:36:09 IST Reason: ITEM NO.65 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL Diary No(s). 41393/2018 (Arising out of impugned final judgment and order dated 31-05-2018 in A No. 709/2007 passed by the Custom Excise Service Tax Appellate Tribunal, West Zonal Bench At Mumbai) COMMISSIONER OF CENTRAL EXCISE MUMBAI II Appellant(s) VERSUS ARIES AGRO VET INDUSTRIES LTD. Respondent(s) (FOR ADMISSION and I.R. and IA No.173206/2018-CONDONATION OF DELAY IN FILING and IA No.173207/2018-STAY APPLICATION) Date : 14-12-2018 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Tushar Mehta, S.G. Mr. Ashok K. Srivastava, Adv. Mr. Ashok Panigrahi, Adv. Mr. Anmol Tayal, Adv.
Mr. S. Vinay Ratnakar, Adv. Mr. B. Krishna Prasad, AOR For Respondent(s) Mr. V. Lakshmikumaran, Adv.
Mr. Aaditya Bhattacharya, Adv. Mr. Manish Rastogi, Adv. Ms. Apeksha Mehta, Adv.
Mr. Victor Das, Adv.
Mr. Shrey Ashat, Adv.
Mr. Punit Dutt Tyagi, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The appeal is dismissed in terms of the signed order. Pending applications, if any, stand disposed of.
(SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR)
AR-CUM-PS BRANCH OFFICER
(Signed order is placed on the file.)