Custom, Excise & Service Tax Tribunal
M/S. Shree Gautam Construction Co.Ltd vs Commissioner Of Central Excise & ... on 10 February, 2016
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE
TRIBUNAL, KOLKATA
EASTERN ZONAL BENCH: KOLKATA
Appeal No.ST-71516/13
(Arising out of Order-in-Appeal No.24/SH/CE(A)/GHY/13 dated 12.08.2013 passed by the Commissioner(Appeals) of Customs & Central Excise, Guwahati.)
FOR APPROVAL AND SIGNATURE
HONBLE DR. D.M. MISRA, MEMBER(JUDICIAL)
HONBLE SHRI H.K.THAKUR, MEMBER(TECHNICAL)
1. Whether Press Reporters may be allowed to see
the Order for publication as per Rule 27 of the CESTAT
(Procedure) Rules, 1982?
2. Whether it should be released under Rule 27 of the
CESTAT(Procedure) Rules, 1982 for publication in any
Authorative report or not?
3. Whether Their Lordship wishes to see the fair copy
of the Order?
4. Whether Order is to be circulated to the Departmental
Authorities?
M/s. Shree Gautam Construction Co.Ltd.
Applicant (s)/Appellant (s)
Vs.
Commissioner of Central Excise & Service Tax, Shillong
Respondent (s)
Appearance:
Shri Devraj Sahu, Advocate for the Appellant (s) Shri A.Roy, Supdt.(AR) for the Respondent (s) CORAM:
Honble Dr. D.M. Misra, Member(Judicial) Honble Shri H.K.Thakur, Member(Technical) Date of Hearing:- 10.02.2016 Date of Pronouncement :- 10.02.2016 ORDER NO.FO/75165/2016 Per Dr. D.M. Misra.
1. Both sides agree that the issue involved in the present appeal relates to taxability of services of border fencing which has been decided by this Tribunal in the case of Mackintosh Burn Ltd. & Others vs. CCE & ST, Shillong vide Order No.FO/A/75044-75094/2015 dated 13.02.2015.
2. Ld.Advocate Shri Devraj Sahu submits that pursuance to the remand order, the original authority has decided the case, therefore, the present appeal becomes infructuous. He prays to withdraw the Appeal.
3. The ld.AR for the Revenue has no objection.
4. Accordingly the Appeal is dismissed, being withdrawn.
(Pronounced and dictated in the open court.) SD/ SD/ (H.K.THAKUR) (D.M.MISRA) MEMBER(TECHNICAL) MEMBER(JUDICIAL) sm 2 Appeal No. ST-71516/13