Custom, Excise & Service Tax Tribunal
M/S.Kuber Tobacco (India) Ltd vs Cce, Delhi-I on 25 January, 2011
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL,
WEST BLOCK NO.II, R.K. PURAM, NEW DELHI-110066.
SINGLE MEMBER BENCH
Excise Appeal No.E/2148/2009
Date of Hearing: 25.01.2011
Date of Decision: 25.01.2011
(Arising out of Order-in-Original No.12/2009 dt.29.4.2009 passed by the CCE, New Delhi)
For approval and signature:
Honble Mr.M.Veeraiyan 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 authoritative report or not?
3
Whether Their Lordships wish to see the fair copy of the Order?
4
Whether Order is to be circulated to the Departmental authorities?
M/s.Kuber Tobacco (India) Ltd. Appellant
Vs.
CCE, Delhi-I Respondent
Present for the Appellant: Shri Manish Pushkarna, Advocate Present for the Respondent: Shri Anil Khanna, SDR Coram: Honble Mr.M.Veeraiyan, Member (Technical) ORDER NO._______________ PER: M.VEERAIYAN Learned Advocate submits that the appeal has been filed against the order of the Commissioner extending the period of issue of show cause notice from six months to one year. He submits that the investigation has since been completed and the notice has been issued proposing confiscation and demand of duty and the same has been adjudicated. Under these circumstances, he submits that the present appeal has become infructuous and he seeks permission to withdraw the appeal.
2. Learned SDR has no objection.
3. The appeal is dismissed as withdrawn.
(Pronounced in the open court) (M.VEERAIYAN) MEMBER (TECHNICAL) mk 6 3