Disposed

The Commissioner of Central Excise Service Tax and Customs , New Panvel v. M/S Mahindra Ugine Steel Co. Ltd., Raigad

Bombay HC4 Jul 2016CEXA/91/2012

Case brief

AI extract

What is this about?

Multiple Central Excise and Customs appeals were withdrawn by the Revenue appellants following an internal circular limiting procurement of appeals. The High Court allowed the withdrawal, proceeded only to dispose of the matter, and expressly reserved an opinion on the legal questions and the circular's validity.

What the court decided

AI extract

The Commissioner of Central Excise Service Tax and Customs , New Panvel Vs M/S Mahindra Ugine Steel Co. Ltd., Raigad — Bombay HC (2016) — LawSathi Research

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2-CEXA.65.2004.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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CENTRAL EXCISE APPEALN NO. 65 OF 2004

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The Commissioner of Central } Excise, Mumbai – V } Appellant versus M/s. Chandralok Fabrics } Respondent WITH CENTRAL EXCISE APPEAL NO. 67 OF 2006 WITH CENTRAL EXCISE APPEAL NO. 36 OF 2007 WITH CENTRAL EXCISE APPEAL NO. 113 OF 2007

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WITH CENTRAL EXCISE APPEAL NO. 210 OF 2007

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WITH CENTRAL EXCISE APPEAL NO. 50 OF 2011 WITH CENTRAL EXCISE APPEAL NO. 91 OF 2012

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WITH CENTRAL EXCISE APPEAL NO. 163 OF 2013

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WITH

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CUSTOMS APPEAL NO. 98 OF 2007

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Mr. Jitendra B. Mishra for the appellant in Central Excise Appeal Nos. 65/2004, 67/2004, 36/2007, 210/2007, 91/2012, 163/2013.

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Mr. Pradeep S. Jetly for the appellant in CUAPP/98/2007.

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Mr. A. S. Rao for the appellant in CEXA/113/2007.

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Page 1 of 3

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J.V.Salunke,PA

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2-CEXA.65.2004.doc

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Ms. S. I. Shah i/b. M/s. S. I. Shah and Co. for the appellant in CEXA/50/2011.

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Mr. R. V. Shetty with Mr. K. R. Chaudhari for the respondent in CEXA/65/2004.

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Mr. Durgesh H. Nadkarni for the respondent in CUAPP/98/2007.

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CORAM :- S. C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ. DATED :- JULY 4, 2016

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P.C. :-

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The learned counsel appearing for the

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appellants/Revenue, on instructions, state that the Revenue maybe allowed to withdraw these appeals. They are withdrawn in the light of the circular issued by the Revenue which determines the limit of monetary sums or the sum above which alone the appeals of the Revenue are to be pressed. Every appeal involving a sum mentioned below this limit would not be pressed and on the Revenue's request, the court may dismiss it as withdrawn.

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We have found that the Revenue is withdrawing the appeals though admitted on substantial questions of law. It is for the Revenue to decide and withdraw the appeals based on its circular, but we clarify that we have expressed no opinion on the questions of law nor on the legality and validity of the circular.

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Page 2 of 3

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J.V.Salunke,PA

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2-CEXA.65.2004.doc

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By clarifying as above, all the above appeals are

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allowed to be withdrawn and stand disposed of as such.

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(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C.DHARMADHIKARI, J.)

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Page 3 of 3

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J.V.Salunke,PA

The Commissioner of Central Excise Service Tax and Customs , New Panvel v. M/S Mahindra Ugine Steel Co. Ltd., Raigad

Case brief

What is this about?

What the court decided

The Commissioner of Central Excise Service Tax and Customs , New Panvel v. M/S Mahindra Ugine Steel Co. Ltd., Raigad

Case brief

What is this about?

What the court decided

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