IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 31ST DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI C.E.A. NO.37 OF 2018 BETWEEN:
THE PRINCIPAL COMMISSIONER OF CENTRAL TAX GST WEST COMMISSIONERATE TTMC/BMTC BUILDING, BANASHANKARI BANGALORE ...APPELLANT (BY SRI JEEVAN J NEERALGI, ADVOCATE) AND:
M/S MAHAVEER GENERICS KAMALA KESHAV #4, 23RD MAIN, MARENAHALLI 2ND PHASE, J P NAGAR BANGALORE-560078 …RESPONDENT THIS CEA IS FILED UNDER SECTION 35G OF THE CENTRAL EXCISE ACT, ARISING OUT OF ORDER DATED 16.02.2018 PASSED IN FINAL ORDER NOS.40436-
40439/2018 PRAYING TO i) SET ASIDE THE FINAL ORDER NO.40436-40439/2018 DATED 16.02.2018 ISSUED BY THE CESTAT, CHENNAI BY ANSWERING THE SUBSTANTIAL QUESTIONS OF LAW IN FAVOUR OF THE APPELLANT. ii) RESTORE THE ORER IN ORIGINAL NO.02/2008 DATED 28.01.2008 PASSED BY THE ADJUDICATING AUTHORITY (COMMISSIONER). iii) PASS SUCH OTHER ORDER AS THIS HONBLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CEA COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT In view of the memo dated 12.09.2019, the appeal is dismissed as withdrawn.
Sd/- Sd/-
JUDGE JUDGE JT/-