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Commissioner of Central Excise, Commissionerate, Rohtak Versus M/s Elegant Enterprises, Sonepat, M/s Jindal Alloys, Hissar, M/s Vishal Metal Castings, M/s Jindal Electro Casting, Hissar

2015 (8) TMI 295 - PUNJAB & HARYANA HIGH COURT

Maintainablity of appeal - Revenue had not complied with the provisions of Section 35B(2) of The Central Excise Act, 1944 - Approval from Committee of Commissioners - Held that:- Compliance with the Section is necessary and that in the event of the f .....

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, with which we are concerned - The Supreme Court in CCE, Vadodara vs. Rohit Pulp and Paper Mills, [1998 (4) TMI 138 - SUPREME COURT OF INDIA] held that the provisions of Section 35B (2) are clearly required as a prerequisite to the direction to any .....

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J Vazifdar, ACJ And G S Sandhawalia,JJ. For the Appellant : Mr Sukhdev Sharma, Adv. For the Respondent : Mr Abhishek Jaju, Adv. JUDGMENT S J Vazifdar, ACJ (Oral) We are informed that the appeals are against a common order and are identical in all re .....

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isions of Section 35B(2) of The Central Excise Act, 1944. The said Section reads thus:- "35B. Appeals to the Appellate Tribunal.- (2) The Committee of Commissioners of Central Excise may, if it is of opinion that an order passed by the Appellate .....

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in this Chapter referred to as the authorised officer) to appeal on its behalf to the Appellate Tribunal against such order." It has been held by a Division Bench of this Court in Commissioner of Central Excise, Delhi-III (Gurgaon) vs. B.E. Off .....

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