The Commissioner Of Central Tax vs. M/S Indian Oil Corporation LTD.

Held

The Court held that the appeal should be disposed of as withdrawn. The reasoning was based on the appellant's submission that the appeal fell below the monetary limits fixed by the CBIC. The Court granted the leave to withdraw the appeal as prayed for by the appellant, acknowledging the instructions from the CBIC and the Commissionerate. The ratio decidendi is that appeals falling below prescribed monetary limits, as per CBIC instructions, can be withdrawn by the Revenue. The operative direction was that the instant appeal stands disposed of as withdrawn, and all pending interlocutory applications, if any, were closed. There was no order as to costs. No issues were expressly left undecided.

Facts

This is a Central Excise Appeal filed by the Revenue. The appellant, represented by Sri Y.N. Vivekananda, learned Senior Standing Counsel for CBIC, sought leave to withdraw the appeal. The reason for withdrawal cited was that the appeal fell below the monetary limits fixed by the Central Board of Indirect Taxes and Customs (CBIC) through instructions in File No. CBIC-160390/20/2024-JC-CBEC dated 06.08.2024. A letter dated 18.10.2024 from the office of the Commissioner of Central Tax, Guntur Commissionerate, was submitted to the Court, confirming instructions to withdraw the appeal on the same grounds. The Court noted the submission and granted the leave.

Key Issues

The Court had to decide whether to grant the appellant's request to withdraw the appeal. The appellant argued that the appeal should be withdrawn as it falls below the monetary limits prescribed by the CBIC in its instructions dated 06.08.2024. The appellant relied on the instructions from the Commissioner of Central Tax, Guntur Commissionerate, dated 18.10.2024, which directed the withdrawal of the appeal for this reason. The Revenue's contention was solely based on the monetary limit instructions. The judgment does not record any specific arguments from the respondent.