Reduction of Government litigation - Withdrawal of appeals by the Department before CESTAT/HC - Regarding - Customs - Instruction F. No. 390/Misc./163/2010-JC

Instruction F. No. 390/Misc./163/2010-JC Government of India Ministry of Finance (Department of Revenue) Central Board of Excise Customs New Delhi, dated 22-6-2016 Subject : Reduction of Government litigation - Withdrawal of appeals by the Department before CESTAT/HC - Regarding. I am directed to invite your kind attention towards Board s instructions dated 17-12-2015 18-12-2015 regarding the withdrawal of cases. 2. Also refer to Member (L IT) s D.O. letters of even no. dated 29-2-2016 and 23-3-2016 seeking information in respect of number of appeals identified for withdrawal and for which department has moved the application for withdrawal and actually withdrawn. 3. Kind attention is also invited to Member (L J) s D.O. letter dated 6-6-2016 informing that in all such identified cases, applications for withdrawal should invariably be filed by 15-6-2016. 4. After reviewing the reports of the zones, it is noticed that some of the zones have changed their zone s figures in respect of number of appeals identified for withdrawal before HC/CESTAT reducing the total number by around 400 Nos. The earlier reported figures were already taken up for presentation in the Chief Commissioners Conference. 5. I am directed to inform you that henceforth the figures would not be changed (as on 20th June, in the chart annexed). It is requested to file the applications for withdrawal in all such cases immediately and report the compliance to the Board by 27-6-2016 positively. Annexure Reduction in Litigation : Withdrawal of Cases in light of Board s Instructions dated 17-12-2015 and 18-12-2015* Sl. No. Zones No. of appeals identified to be withdrawn No. of Applications filed for withdrawal No. of appeals, where withdrawal is granted High Court CESTAT High Court CESTAT High Court CESTAT 1. Ahmedabad CE ST 47 83 46 83 46 48 2. Ahmedabad Cus. 12 174 10 128 07 74 3. Bangalore CX 03 53 0 53 0 02 4. Bangalore Cus. 0 29 0 29 0 0 5. Bhopal 44 126 44 126 44 126 6. Bhubaneshwar 42 22 33 22 0 15 7. Chandigarh 68 347 37 347 37 140 8. Chennai CX 177 121 44 31 14 0 9. Chennai Cus. 24 19 14 0 11 0 10. Chennai ST 13 0 13 0 8 0 11. Cochin Cus. CX 17 53 0 53 03 0 12. Coimbatore 254 642 07 56 02 0 13. Delhi CX 21 104 4 104 02 3 14. Delhi Customs 0 15 0 03 0 0 15. Delhi Cus. (P) 02 22 1 0 1 0 16. Delhi ST 0 17 0 17 0 0 17. Hyderabad 112 106 112 106 102 31 18. Jaipur CE ST 203 135 189 116 15 01 19. Kolkata CX 25 75 02 33 0 0 20. Kolkata Customs 2 127 0 117 0 46 21. Kolkata ST 03 38 02 38 0 16 22. Lucknow CE ST 29 164 29 164 11 07 23. Meerut CE, Cus. ST 19 239 19 163 17 06 24. Mumbai-I CX 84 212 76 63 0 18 25. Mumbai-II CX 30 84 30 84 09 40 26. Mumbai-I Cus. 40 111 0 55 0 0 27. Mumbai-II Cus. 04 162 4 162 02 45 28. Mumbai-III Cus. 11 14 11 16 01 08 29. Mumbai ST 04 10 04 10 0 07 30. Mysore 01 107 0 82 0 17 31. Nagpur 154 173 154 173 121 73 32. Patna(P) 59 22 59 22 23 04 33 Pune, CE Cus. 139 177 108 176 15 19 34 Ranchi 21 111 03 39 0 03 35 Shillong 33 338 0 58 0 57 36 Trichy Cus (P) 9 20 9 20 7 0 37 Vadodara 175 238 168 209 67 37 38 Vishakhapatnam 144 203 144 203 119 82 Total 2025 4693 1376 3161 684 925