IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 08TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI CENTRAL EXCISE APPEAL NO.57 OF 2017 AND CENTRAL EXCISE APPEAL NO.30 OF 2018 BETWEEN:
BHARAT EARTH MOVERS LTD (BEML) KGF COMPLEX, BEML NAGAR, KOLAR GOLD FIELDS (KGF) – 563 115.
...APPELLANT (BY MS. NIDHI KEJRIWAL, ADVOCATE) AND:
1. COMMISSIONER OF CENTRAL EXCISE, SERVICE TAX AND CUSTOMS, (APPEALS–II), SP COMPLEX, LALBAGH ROAD, BENGALURU–560 027.
2. ADDITIONAL COMMISSIONER OF CENTRAL EXCISE, OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, BENGALURU I COMMISSIONERATE, P.B. NUMBER 5400, CR BUILDINGS, QUEENS ROAD, BENGALURU.
…RESPONDENTS THESE CENTRAL EXCISE APPEALS ARE FILED UNDER SECTION 35G OF CENTRAL EXCISE ACT, 1944, ARISING OUT OF ORDER DATED 16.01.2017 PASSED IN PASSED IN FINAL ORDER NOS.20048-20049 OF 2017, PRAYING THIS HON'BLE COURT TO DECIDE THE QUESTIONS OF LAW AS FRAMED HEREIN ABOVE IN FAVOUR OF THE APPELLATE AND CONSEQUENTLY; SET-ASIDE THE FINAL ORDER NOS.20048-20049 OF 2017, DATED 16.01.2017, PASSED BY THE CESTAT IN APPEAL NO.E/20211-12/2016-SM; VIDE ANNEXURE-‘A’; SET-ASIDE THE IMPOSITION OF
ORDER/S AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
***** THESE CENTRAL EXCISE APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT No Objection Certificate along with a memo of withdrawal is filed by the learned counsel for the petitioner in the court today. The same is accepted. The petitions are dismissed as withdrawn.
Sd/- JUDGE Sd/- JUDGE JJ