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Bombay High Court

The Commissioner Of Central Excise And ... vs M/S. Sterlite Optical Technologies Ltd on 25 September, 2018

Author: Riyaz I. Chagla

Bench: M.S.Sanklecha, Riyaz I. Chagla

    S.R.JOSHI                                                              cexa-149-2017


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION


                   CENTRAL EXCISE APPEAL NO. 149 OF 2017
 

The Commissioner of Central Excise
and Service Tax, LTU                                           ..      Appellant.
      v/s.
M/s. Sterlite Optical Technologies Ltd.,                       ..      Respondent.



Mr. Sham Walve with Ms. Shalaka Gujar, for the Appellant.


                                               CORAM:  M.S.SANKLECHA &
                                                          RIYAZ I. CHAGLA, JJ.
                                               DATE    : 25th SEPTEMBER, 2018.

P.C:-

This Appeal under Section 35G of the Central Excise Act, 1944, challenges the order dated 11 th December, 2008 passed by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal).

2 Our attention is invited to the Circular/ Instructions dated 11th July, 2018 issued by the Central Board for Indirect Taxes and Customs, directing the Revenue not to file appeals to the High Court where the tax effect does not exceed Rs.50 lakhs. It also directs its Officers to withdraw the pending appeals where the tax effect is less than Rs.50 lakhs.


3                In   view   of   the   Circular/   Instructions   dated   11 th  July,   2018


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                          S.R.JOSHI                                                   cexa-149-2017

issued by the Central Board for Indirect Taxes, Mr. Walve, learned Counsel appearing for the Revenue, on instructions of Mr. Sushant Kumar, Additional Commissioner (Legal), CGST & CX, Daman Commissionerate, seeks to withdraw this Appeal.

4 Accordingly, Appeal dismissed, as withdrawn.

5 Refund of Court Fees, if any, as per Rules.

                  
                 (RIYAZ I. CHAGLA,J.)                                      (M.S.SANKLECHA,J.)

            Digitally
            signed by
            Smita
Smita       Rajnikant
Rajnikant   Joshi
            Date:
Joshi       2018.09.26
            21:03:19
            +0530




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