Custom, Excise & Service Tax Tribunal
Commissioner Of Central Excise, ... vs M/S Shivshakti Extractions Pvt. Ltd on 13 December, 2016
IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL WEST ZONAL BENCH AT MUMBAI COURT NO. II Application No. E/MA(Ors)/92267/16 and Appeal No. E/28/08 (Arising out of Order-in-Appeal No. RKR(219)145/2007 dated 14.9.2007 passed by the Commissioner of Central Excise Appeals), Aurangabad). For approval and signature: Honble Shri Ramesh Nair, 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, Aurangabad Appellant Vs. M/s Shivshakti Extractions Pvt. Ltd. Respondent Appearance:
Shri Sanjay Hasija, Supdt. (AR) for Appellant None for Respondent CORAM:
SHRI RAMESH NAIR, MEMBER (JUDICIAL) SHRI RAJU, MEMBER (TECHNICAL) Date of Hearing: 13.12.2016 Date of Decision: 13.12.2016 ORDER NO.
Per: Ramesh Nair Revenue has filed a 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of the above, since the amount involved in this appeal is less than Rs.10 lakhs, the Revenues appeal is dismissed as withdrawn as per litigation policy. Miscellaneous application also stands disposed of.
(Operative portion of the order pronounced in Court) (Raju) (Ramesh Nair) Member (Technical) Member (Judicial) Sinha 1 Appeal No. E/28/08