/ Instruction NO.01/2016-CCEIII

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1 C -6:-4-q- COMMISSIONERATE OF CENTRAL EXCISE & SERVICE TAX AHMEDABAD-III 4-49 CUSTOMS HOUSE, TWITUt titrt NEAR.ALL INDIA RADIO, -ici,o NAVARANGAPURA, 6 q 6 q AHMEDABAD-800 Tele:754500/ Fax T. / Instruction NO.0/06-CCEIII tiq/sub: Reduction of Government litigation providing monetary for filing appeals by the Department before limits CESTAT/High Courts and Supreme Court - Regarding *-4-z \c-tli qi t, fal-tp-r, fad- 4--)c,-, TR / Misc. /6/00 JC -ft9lt ,.0.06 and Itg-I I ri qt-0t fa-qu-it -F4V4T -r4d- cni4 c Q-4a, a' ti (- -g" I T - cc: A copy of Instruction issued from F.No.90/Misc./6/00-JC dated 00-06,.0.06 and by Government of India, Ministry of Finance, Department of Revenue is enclosed herewith for information, guidance and necessary action please. The instruction is self-explanatory. Tp-- \ L-Iivo/sok4ct) I T T cp c4 Ohl frl T f ITS "44 MI -4" a-t vic * f QT -0 cl\-) c4-)ni (-4 ch TTU zc0 I All JDC/JAC of C.Ex., Ahmedabad-III are directed to bring this to the notice of all officers under their charge and to take necessary action in the matter. -7?:f -6-4T IV/6 - /MP/TN/5-6 car f4-9t tickff: I'A ct) -4Wt --6-qT4Tq- ct)) falittr4 I ct") Ter ct\-) ITH c- LIN T-. 4) (at-i-cnul Copy to: Administrative Officer (ADM), C.Ex., H.Q., A'bad-III, for circulation of this Instruction as per mailing list of Department.. The Superintendent, System, H.Q., C.Ex. Ahmedabad to upload on website.

2 F.No.90/M isc./6/00-jc Ministry of Finance Department of Revenue Central Board of Excise & Customs New Delhi, St January,06 To, All Principal Chief Commissioners / Chief Commissioners and Directors General under the Central Board of Excise and Customs. CC (AR), Customs, Excise & Service Tax Appellate Tribunal All Principal Commissioners /Commissioners of Customs/Central Chief Excise/Service Tax/All Joint Departmental Representatives/Commissioner, Directorate of Legal Affairs. webmaster.cbec(cocegate.gov.in Sub:- Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme Court Regarding Kind attention is drawn towards the Board's Instruction of even no. dated on the above mentioned subject. In this regard, I am directed to inform that the said instructions will apply to all pending appeals in High Courts/ CESTAT. Principal Chief Commissioners/ Chief Commissioners arc required to take immediate necessary action in this regard for cases which are below the new threshold limits subject to the conditions of the instructions of even no. dated and (Archana Pandey Tiwari ) Joint Secretary (Review)

3 F.No.90/Misc./6/00-JC Ministry of Fin'ance Department of Revenue Central Board of Excise & Customs New Delhi, st January,06 To, All Principal Chief Commissioners / Chief Commissioners and Directors General under the Central Board of Excise and Customs. CC (AR), Customs, Excise & Service Tax Appellate Tribunal. All Principal Commissioners /Commissioners of Customs/Central Chief Departmental Joint Tax/All Excise/Service Representatives/Commissioner, Directorate of Legal Affairs. webmaster.cbeciceqate.qov.in Sir/ Madam, Subject: Report in respect of withdrawal of department's appeals pending before High Court / CESTAT on the basis of ; (i) enhanced monetary limit and (ii) earlier Supreme Court's decision on the identical matters regarding I am directed to invite your kind attention towards the Board's Instructions of even no. dated & F. No. 90/Misc./67/04-JC dated on the above mentioned subject. In this regard, all the Principal Chief Commissioners/ Chief Commissioners were required vide instruction dated to furnish a monthly report in the prescribed format enumerating the number of cases reviewed on the basis of earlier Supreme Court's decision on the identical matters and the appeals withdrawn on this account to the Board. Further in this regard, Board's letter of even number dated may also be referred to, wherein it was informed that the instructions dated will also apply to all pending appeals in the High Courts/ CESTAT. Vide the Board's letter dated , all the Principal Chief Commissioners/ Chief Commissioners were required to take immediate necessary action for cases which are below the new threshold limits subject to the conditions ibid. In view of above the report regarding action taken in compliance of the said instructions dated and may be sent to the Board by return fax. (Rohit Singhal) Dy. Secretary (Review)

4 --Tff GOVERNMENT OF INDIA (nd / f444-p-r) MINISTRY OF FINANCE/ DEPARTMENT OF REVENUE ttm-4 CENTRAL BOARD OF EXCISE & CUSTOMS_ ANANYA RAY Special Secretary & Member for-000 NORTH BLOCK, NEW DELHI-000 Tel : Fax : D. 0. F. No. 90/Misc./6/00-C 8th January, 06 Dear Chief Commissioner, In order to reduce Government litigation at all judicial fora, Board has increased monetary limits for filing appeals by the Department before CESTAT and High Court vide instruction F. No. 90/Misc6/00-C dated and also issued instructions to withdraw cases already filed below this limit, subject to the conditions laid down (Instruction F. No. 080/09/DLA/Misc/5/75 dated..05). All the Chief Commissioners were to initiate withdrawal from the various fora. 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. 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 fora pursuant to (a) above (c) Number of cases withdrawn, in terms of instruction dated and..05. In 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 issued vide F. No. 90/Misc./67/04-JC. Your' report in respect of your zone should reach me by return fax. Yours Sincerely J/04- :rg., (Ananya Ray')

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4%1 Ti. /Circular NO. 02/2016-CCEIII

4%1 Ti. /Circular NO. 02/2016-CCEIII 311T4T1671 31-64=1-TWq-111 COMMISSIONERATE OF CENTRAL EXCISE & SERVICE TAX AHMEDABAD-III 7149. CUSTOMS HOUSE, 3WT-41-aftWRiNEAR.ALL INDIA RADIO,.ic1 SIT AHMEDABAD-380009 NAVARANGAPURA, Tele:27545100/ Fax-27543676