2019 (6) TMI 323 - HC - Central Excise

Permission for Withdrawal of appeal - HELD THAT - The Civil Miscellaneous Application is hereby allowed and applicant-appellant is permitted to withdraw the present appeal. In view of the order of even date passed in CM-25078-CII-2018, the present appeal stands dismissed as withdrawn.

Summary

Issues:
Application under Section 151 of CPC seeking withdrawal of the appeal based on tax effect and monetary limit set by Ministry of Finance.

Analysis:
The judgment pertains to an application under Section 151 of the Civil Procedure Code (CPC) seeking withdrawal of the present appeal due to the tax effect involved, which is stated to be Rs. 19,40,840. The applicant-appellant requested dismissal of the appeal in accordance with the instructions issued by the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes & Customs, setting a monetary limit of Rs. 50,00,000 for filing appeals in High Courts. The applicant sought permission for withdrawal with the possibility of revival if necessary.

Upon considering the arguments presented by the counsel and reviewing the application supported by an affidavit, the court allowed the Civil Miscellaneous Application, granting permission to the applicant-appellant to withdraw the present appeal. The court disposed of the application, leading to the dismissal of the appeal as withdrawn. Notably, the revenue was given liberty to file an application for revival of the main appeal if any issues remained unresolved.

Additionally, the judgment clarified that the withdrawal of the appeal by the revenue should not be construed as an affirmation of the Tribunal's order on merits. It was emphasized that the legal issue raised by the revenue was left open for adjudication in a suitable case, indicating that the decision to withdraw the appeal did not signify agreement with the Tribunal's decision on the legal matters at hand.