D.O. Letter from Member(L&J) regarding withdrawal of appeals before HC/CESTAT - Central Excise - F. No. 390/Misc. /163/2010-JC

GOVERNMENT OF INDIA MINISTRY OF FINANCE/ DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE CUSTOMS NORTH BLOCK, NEW DELHI-110001 Tel :+ 91-11-23092230 Fax : +91-11-23093106 D. O. F. No. 390/Misc. /163/2010-JC 28 th January, 2016 Dear Chief Commissioner, In order to reduce Government litigation at all judicial fora, Board has monetary increased monetary limits for filing appeals by the Department before CESTAT and High Court Vide instruction F.No. 390/Misc/163/2010-JC dated 17.12.2015 and also issued instructions to withdraw cases already filed below this limit, subject to the conditions laid down (instruction F. No. 1080/09/DLA/Misc/15/751 dated 21.12.2015). All the Chief Commissioners were to initiate withdrawal from the various for a. The reports regarding number of such appeals to be withdrawn sent by few Chief Commissioners do not match with the total number of appeals below the increased monetary limits of their Zones, which are pending before the High Courts and CESTAT, as available in the database of the Board. In view of above you are requested to re-examine each case file of such appeal and furnish report in respect of: Number of appeals fit for withdrawal separately for CESTAT, high Court etc. Number of withdrawal applications filed in these for a pursuant to (a) above Number of cases withdrawn, in terms of instruction dated 17.12.2015 and 21.12.2015 A zone-wise list pending in the CESTAT and High Court is enclosed with this letter. Similar exercise is also required for the appeals which can be withdrawn on the basis of Supreme Court s decision on identical matters in terms of Board s instruction dated 18.12.2015 issued vide F.NO. 390/Misc./67/2014-JC. Your first report in respect of your zone should reach me by return fax. Yours Sincerely (Ananya Ray)