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Punjab-Haryana High Court

Commissioner Of Central Excise Chd-I vs T.S. Rawat on 1 March, 2016

Author: Ajay Kumar Mittal

Bench: Ajay Kumar Mittal

                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                        CHANDIGARH

                                                            CEA No.66 of 2015 (O&M)
                                                            Date of decision : 01.03.2016

                 Commissioner of Central Excise, Chandigarh-I
                                                                         . . . Appellant

                                               Versus

                 Sh. T.S. Rawat
                                                                         . . . Respondent

                 CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
                        HON'BLE MRS. JUSTICE RAJ RAHUL GARG

                 Present:          Mr. Sunish Bindlish, Advocate
                                   the appellant-revenue.
                                         ***

                 AJAY KUMAR MITTAL, J. (ORAL)

Learned counsel for the appellant-revenue states that since the tax effect involved is ` 50,000/-, he has instructions to withdraw the present appeal in view of the instructions dated 17.12.2015 and 01.01.2016, issued by the Central Board of Excise & Customs, New Delhi. However, he prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein.

2. Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the appeal by the revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case.

(AJAY KUMAR MITTAL) JUDGE (RAJ RAHUL GARG) JUDGE March 01, 2016.

DAVINDER KUMAR Davinder        Kumar
2016.03.02 10:43
I attest to the accuracy and
integrity of this document