TMI Blog2012 (1) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment is in appeal against the judgment of the Tribunal dated 15.2.2011 raising following questions for our consideration : I. Whether in the facts and the circumstances of the case, the Ld. Tribunal is justified in the eye of law, and has committed the substantial error of law, in holding that the education cess (for the third time) on the aggregate of the duties of the customs is not payab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive of education cess which the respondent assessee has already paid on its clearance of goods from the export oriented unit to domestic operation area. Under identical circumstances, we had held in Tax Appeal No.2012 of 2010 and connected appeals that appeal would not be maintainable before the High Court in view of exclusion clause contained in section 35G of the Central Excise Act by making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Appellate Tribunal would lie before the High Court unless it is an order relating among other thing to the determination of any question having a relation to the rate of duty of excise or to the value of goods for the purpose of assessment. Since admittedly we are not concerned with the value of goods for the purpose of assessment, the question is is the order of the Tribunal one which r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the rate of duty is a wide one. With above discussion, if we revert back to the facts of the case, as already noted, the dispute between the parties and which came to be settled by the Tribunal by the impugned order is with respect to the question whether the manufacturers are required to pay education cess on the computation of the customs duty and the CVD on which, once they have alrea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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