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2015 (9) TMI 407 - KERALA HIGH COURT

2015 (9) TMI 407 - KERALA HIGH COURT - 2015 (322) E.L.T. 232 (Ker.) - Maintainability of appeal - Section 35G - Held that:- An appeal under Section 35G of the Act would not lie to the High Court in terms of sub-section 1 of that Section in relation to an order relating, among other things, 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. Any question having a relation to the value of goods for the purpose .....

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Mr. P. V. John For the Respondent : Smt. T. D. Rajalakshmi (SR.), CGSC JUDGMENT Thottathil B. Radhakrishnan, J. 1. This appeal is against an order of the Appellate Tribunal under the Central Excise Act, 1944; the 'Act', for short. Heard the learned counsel for the appellant and the learned standing counsel for Central Board of Excise and Customs; for short, 'CBEC'. 2. While it is argued on behalf of the appellant that the Tribunal erred in law in the matter of adjudication of the .....

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ose of passing the demands which were confirmed even through the penalty order. That quantification was essentially to arrive at the value of goods for the purpose of assessment. 4. An appeal under Section 35G of the Act would not lie to the High Court in terms of sub-section 1 of that Section in relation to an order relating, among other things, 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. Any questi .....

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