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2011 (7) TMI 920 - CESTAT, DELHIApplication for stay - Classification - Rebate of excise duty - The provision of law not only speaks of non maintainability of appeal in relation to the specified orders but it also speaks of absence of jurisdiction to the Tribunal to entertain or deal with the appeal against such order - It is not in dispute that the matter relating to claim of rebate was finally decided by the lower authorities earlier which had been subjected to appeal and further proceedings in that regard - the appeals in question are not maintainable taking into consideration the provisions of law comprised under Section 35B(1) of Central Excise Act, 1944 - Appeal is rejected
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