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Gujarat High Court

Commissioner Of Central Excise And ... vs Eimco Elecon Limited....Opponent(S) on 10 June, 2016

Author: A.Y. Kogje

Bench: S.R.Brahmbhatt, A.Y. Kogje

                  O/TAXAP/636/2009                                                JUDGMENT




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     TAX APPEAL NO. 636 of 2009



         FOR APPROVAL AND SIGNATURE:



         HONOURABLE MR.JUSTICE S.R.BRAHMBHATT


         and
         HONOURABLE MR.JUSTICE A.Y. KOGJE

         ==========================================================

         1     Whether Reporters of Local Papers may be allowed
               to see the judgment ?

         2     To be referred to the Reporter or not ?

         3     Whether their Lordships wish to see the fair copy of
               the judgment ?

         4     Whether this case involves a substantial question of
               law as to the interpretation of the Constitution of
               India or any order made thereunder ?

         ==========================================================
              COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS VADODARA-
                                   I....Appellant(s)
                                         Versus
                         EIMCO ELECON LIMITED....Opponent(s)
         ==========================================================
         Appearance:
         MR YN RAVANI, ADVOCATE for the Appellant(s) No. 1
         RULE SERVED for the Opponent(s) No. 1
         ==========================================================

             CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
                    and
                    HONOURABLE MR.JUSTICE A.Y. KOGJE




                                               Page 1 of 2

HC-NIC                                      Page 1 of 2      Created On Sat Jun 11 04:02:39 IST 2016
                    O/TAXAP/636/2009                                            JUDGMENT



                                       Date : 10/06/2016


                                      ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE A.Y. KOGJE) Learned counsel for the Revenue brings to the notice of the Court that tax effect involved in this appeal is below the minimum threshold limit provided under CBEC in Circular dated 17th December, 2015, which is also made applicable to pending appeals. He also draws attention of the Court to subsequent instruction dated 1st January, 2016 issued by the Central Board of Excise and Customs to the effect that the instructions mentioned in earlier circular i.e. 17th December, 2015 is also applicable to pending appeals. He therefore seeks permission to withdraw this appeal. Permission as sought for is granted. The Appeal is disposed of as withdrawn.

(S.R.BRAHMBHATT, J.) (A.Y. KOGJE, J.) pallav Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Jun 11 04:02:39 IST 2016