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2015 (5) TMI 449 - SUPREME COURT

2015 (5) TMI 449 - SUPREME COURT - 2015 (320) E.L.T. 29 (SC) - Denial of CENVAT Credit - Clandestine removal of goods - Maintainability of appeal before the High Court - Held that:- The appeal on the aforesaid aspects is not maintainable under Section 35L(b) of the Central Excise Act and in fact it could have been filed under 35-G of the said Act before the High Court. This is a preliminary objection taken by the respondent in its counter affidavit to the present appeal and the objection is sust .....

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ideration and have answered those questions in favour of the assessee which are as under: 1. Whether the Order confirming the duty demand on account of alleged clandestine removal as contained in Annexure-A-1 to A-4. 2. Whether the modvat credit availed by the Appellants is to be disallowed as per Annexure A-5 and A-6 of the Show Cause Notice? 3. Whether interest & penalties as arrived can be upheld. The appeal on the aforesaid aspects is not maintainable under Section 35L(b) of the Central .....

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