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Bombay High Court

The Commissioner Of Cgst And Central ... vs Hindustant Petroleum Corporation Ltd on 19 October, 2018

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

                                                                             908-CEXAL-157-18.doc




Sharayu Khot.

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

                 CENTRAL EXCISE APPEAL (L) NO. 157 OF 2018


      The Commissioner of CGST & Central                                       ...Appellant
      Excise

                Versus

      M/s. Hindustan Petroleum                                                 ...Respondent

                                                ----------

      Mr. Sham Walve, a/w Mr. Ram Ochani, for the Appellant.

                                                ----------

                                                  CORAM : M.S. SANKLECHA   &
                                                          RIYAZ  I. CHAGLA, JJ.

                                                  DATE     : 19 October 2018

      ORDER :

1. This Appeal under Section 35G of Central Excise Act, 1944 challenges the order dated 10th August 2017 passed by Customs, Excise and Service Tax Appellate Tribunal.

2. The instructions / circular dated 11th July 2018 1 / 2 October 19, 2018 ::: Uploaded on - 23/10/2018 ::: Downloaded on - 25/10/2018 23:26:12 ::: 908-CEXAL-157-18.doc issued by the Central Board of Indirect Tax and Customs directs the Revenue not to file fresh Appeals and also withdraw the pending Appeals where the tax effect is less than Rs. 50.00 Lakhs.

3. In the above view, Shri. Walve, learned Counsel appearing in support of the Appeal, on instructions of Shri. Kiran Verma, Commissioner, (CGST & CX), Commissionerate, Navi Mumbai, seeks to withdraw the Appeal. In fact, Shri. Kiran Verma, Commissioner, (CGST & CX), Commissionerate, Navi Mumbai, has filed a purshis dated 12th October 2018 to the above effect. The same is taken on record and marked "A" for identification.

4. Accordingly, the Appeal is dismissed as withdrawn.

5. Refund of Court Fees as per Rules. [RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.] 2 / 2 October 19, 2018 ::: Uploaded on - 23/10/2018 ::: Downloaded on - 25/10/2018 23:26:12 :::