Dismissed

Commissioner of Central v. M/S Turbo Energy Ltd.

Madras HC9 Feb 2016CMA/1390/2011

Case brief

AI extract

What is this about?

The High Court dismissed a Civil Miscellaneous Appeal against the Central Excise Appellate Tribunal as withdrawn by the Department following a CBEC instruction. The court granted liberty for the Appellant to revive the appeal if the withdrawal was inadvertent within twelve weeks.

What did the court decide?

Present Civil Miscellaneous Appeal dismissed as withdrawn. Liberty granted to Appellant to revive appeal within twelve weeks if withdrawal was inadvertent.

Commissioner of Central Vs M/S Turbo Energy Ltd. — GST and Indirect Tax | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-02-2016

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CORAM

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THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE DR.JUSTICE S.VIMALA

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Civil Miscellaneous Appeal No.1390 of 2011

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Commissioner of Central Excise and Service Tax Large Taxpayer Unit, 1775, Jawaharlal Nehru Inner Ring Road, Anna Nagar Western Extension, Chennai-600 101. .. Appellant/Appellant.

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Versus

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M/s.Turbo Energy Ltd. Pulivalam Village, Banavaram Post 632 505. .. Respondent/Respondent.

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Prayer: Appeal presented to the High Court against the Final Order No.738 of 2010, dated 5.7.2010 on the file E/20-23/2010, of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai.

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For Appellant : Mr.A.P.Srinivas for Mr.K.Ravi Anantha Padmanaban

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For Respondent : Mr.S.Murugappan

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O R D E R

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The learned counsels appearing for the Appellant/Department had submitted that they may be permitted by this court to withdraw the present Civil Miscellaneous Appeal, in view of the instructions issued, in F.No.390/Misc./163/2010-JC, issued by the Central Board of Excise & Customs, Department of Revenue, Ministry of Finance, Government of India, dated 17.12.2015, as the monetary limit relating to the matter is less than Rs.15,00,000/-.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsels had further submitted that liberty may be granted to the Appellant/Department to revive the Civil Miscellaneous Appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in the relevant circular issued by the Central Board of Excise & Customs.

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In view of the submissions made by the learned counsels appearing for the Appellant/Department, the present Civil Miscellaneous Appeal stands dismissed, as withdrawn. It is made clear that the questions of law, which may arise for the decision of this Court, in the present Civil Miscellaneous Appeal, are left open to be considered and decided in appropriate cases, in accordance with law. It is also made clear that it would be open to the Appellant/Department to revive the Civil Miscellaneous Appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in the relevant instructions issued by the Central Board of Excise & Customs, within a period of twelve weeks from today. No costs. csh -s/dAssistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To The Registrar, Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai. + 1 cc to Mr.A.P.Srinivas, Advocate SR 9012 tej(co) prk19/2 Civil Miscellaneous Appeal No.1390 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

Commissioner of Central v. M/S Turbo Energy Ltd.

Case brief

What is this about?

What did the court decide?

Commissioner of Central v. M/S Turbo Energy Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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