Custom, Excise & Service Tax Tribunal
Commissioner Of Central Excise, Nasik vs M/S Maharashtra State Power Generation ... on 7 March, 2016
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL WEST ZONAL BENCH AT MUMBAI COURT NO. II Application No. E/MA(Ors)/92345/16 in Appeal No. E/87227/13 (Arising out of Order-in-Appeal No. RPS/60/NSK/2013 dated 27.2.2013 passed by the Commissioner of Central Excise (Appeals), Nasik). For approval and signature: Honble Shri S.S. Garg, Member (Judicial) Honble Shri Raju, Member (Technical) ======================================================
1. Whether Press Reporters may be allowed to see : No 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 : Yes CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3. Whether their Lordships wish to see the fair copy : Seen of the order?
4. Whether order is to be circulated to the Departmental : Yes authorities?
====================================================== Commissioner of Central Excise, Nasik Appellant Vs. M/s Maharashtra State Power Generation Co. Ltd. Respondent Appearance:
Shri V.K. Shastri, AC (AR) for Appellant None for Respondent CORAM:
SHRI S.S. GARG, MEMBER (JUDICIAL) SHRI RAJU, MEMBER (TECHNICAL) Date of Hearing: 07.03.2016 Date of Decision: 07.03.2016 ORDER NO.
Per: Raju Revenue has filed this miscellaneous application seeking withdrawal of the departmental appeal on the ground that in order to reduce the Government litigation, the CBE&C has fixed the monetary limit of Rs.10 lakhs, below which appeal should not be filed by the Department before CESTAT vide Instruction F No. 390/Misc./163/2010-JC dated 17.12.2015 and further enhanced monetary limit shall apply to all pending appeals as clarified vide Instruction F No. 390/Misc./163/2010-JC dated 01.01.2016.
2. In view of the above, since the amount involved in this appeal is less than Rs.10 lakhs, we allow the miscellaneous application and dismiss the Revenues appeal as withdrawn.
(Operative portion of the order pronounced in Court) (S.S. Garg) (Raju) Member (Judicial) Member (Technical) Sinha 1 Appeal No. E/87227/13