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2011 (6) TMI 42 - HC - Central ExciseClassification - Exemption under notification No.6/2006-CE, dated 01.03.2006 - Rule 6 of CCR, 2004, with effect from 01.04.2008 - petitioner pleaded that when there was a direction given by the Tribunal to adjudicate the matter afresh, the respondent took a stand that the demand for the period from April, 2008 to December, 2008, which is subject matter of the show cause notice No.24/2009, dated 05.03.2009, need not be adjudicated, is clear violation of the order passed by the Tribunal. - Held that: - If this is the grievance, the petitioner should have approached the Tribunal, as he has got statutory right of appeal under Section 35 B of the Central Excise Act, 1944. - it is to be noted that this Court, while entertaining the writ petition, has granted interim order of stay and the same is also continued till now - Decided in the favor of assessee
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