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2015 (10) TMI 2323 - CESTAT MUMBAI

2015 (10) TMI 2323 - CESTAT MUMBAI - TMI - Maintainability of appeal - Monetary limit - Held that:- Impugned order was passed by the Commissioner(Appeals) under Section 35A which is specified under Clause (b) of sub-section (1) of Section 35B. In view of Second proviso to Section 35B (1), this Tribunal has discretion to refuse of to admit the appeal in respect of order referred to clause (b) or Clause (c) or clause (d) where amount of duty, amount of fine or penalty determined by such order does .....

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esh Nair After hearing both sides on 8/5/2015, the matter was reserved for the order. However, on going through the records, I find that the duty amount involved in the case is ₹ 25,544 /- and interest thereon. 2. This Tribunal has discretion either to refuse or to admit the appeal under Second proviso to Section 35B of Central Excise Act, 1944 which is reproduced below:- SECTION 35B. Appeals to the Appellate Tribunal. (1) Any person aggrieved by any of the following orders may appeal to t .....

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ointed day; (d) an order passed by the Board or the Commissioner of Central Excise , either before or after the appointed day, under section 35A, as it stood immediately before that day : Provided that no appeal shall lie to the Appellate Tribunal and the Appellate Tribunal shall not have jurisdiction to decide any appeal in respect of any order referred to in clause (b) if such order relates to, (a) a case of loss of goods, where the loss occurs in transit from a factory to a warehouse or to an .....

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