At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN & THE HONOURABLE MRS. JUSTICE S. VIMALA
For the Appellant: Vikram Ramakrishnan, Advocate. For the Respondent: R1, No Appearance, R2, Tribunal.
(Prayer: C.M.A.No.2667 of 2011, had been filed against the order of the Customs Excise and Service Tax Appellate Tribunal, Chennai Bench, Chennai, in final order No.206 of 2011 dated 31.1.2011.)
M. Jaichandren, J.
1. 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/-.
2. 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may be granted to the Appellant/Department to revive the Civil Miscellaneous Appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in the relevant circular issued by the Central Board of Excise & Customs.
3. 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learned counsels appearing for the Appellant/Department, the present Civil Miscellaneous Appeal stands dismissed, as withdrawn.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it would be open to the Appellant/Department to revive the Civil Miscellaneous Appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mention
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ed in the relevant instructions issued by the Central Board of Excise & Customs, within a period of twelve weeks from today. No costs. Connected M.P.No.1 of 2011 is also closed.