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2025 DAILYLAW 6968 (KAR)

COMMISSIONER OF CENTRAL EXCISE CUSTOMS and SERVICE T v. NARANJA SAHAKARI SAKKARE KARKHANE LTD

CEA/100004/2015 · 2025-03-12

C M Poonacha, S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4690-DB CEA No. 100004 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CENTRAL EXCISE APPEAL NO.100004 OF 2015 BETWEEN: COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, NO.71 CLUB ROAD, BELAGAVI-590001. …APPELLANT (BY SRI GIRISH S.HULMANI, ADVOCATE) AND: NARANJA SAHAKARI SAKKARE KARKHANE LTD., IMAMPUR VILLAGE, (NEAR JANWADA), BIDAR, DISTRICT BIDAR. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS CENTRAL EXCISE APPEAL IS FILED UNDER SECTION 35 G OF THE CENTRAL EXCISE ACT, 1944, PRAYING TO A) FORMULATE THE SUBSTANTIAL QUESTION OF LAW AND DECIDE THE SAME; B) SET SIDE THE ORDER DATED 19.03.2015 MADE IN APPEAL NO.E/823/2009-SM ON THE FILE OF THE CUSTOMS, EXCISE AND SERVICE TAX APPELLANT TRIBUNAL SOUTH ZONAL BENCH, BENGALURU, PRODUCED AT ANNEXURE-D AND ETC., THIS CENTRAL EXCISE APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4690-DB CEA No. 100004 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel Sri. Girish S. Hulmani appearing for the appellant files a memo dated 11.03.2025 seeking leave to withdraw the appeal. The memo reads as under: “That in view of Circular issued by the Deputy Secretary (Judicial Cell), Department of Revenue, Government of India, dated 6.8.2024 regarding reduction of Government Litigation-Raising of monetary limits for filing appeal by the appellant department where in the monetary limit for filing appeal before the Hon’ble High Court has been enhanced to Rs.2 Crore (Two Crores) and the same is applicable to the pending cases as well. It is further submitted that this Hon’ble Court may kindly be pleased to take this memo on record and the top noted appeal may kindly be dismissed as withdrawn, in the interest of justice and equity.” The memo is placed on record. In terms of memo, since the monetary limit of the appeal is within ₹2 Crores, the appeal is dismissed as withdrawn. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 20