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2015 (11) TMI 1412 - GUJARAT HIGH COURT

2015 (11) TMI 1412 - GUJARAT HIGH COURT - TMI - Rate of duty - Valuation of goods - applicability of Notification No.14/2002-CE dated 01.03.2002 - Held that:- in the light of the provisions of section 35G read with section 35L of the Central Excise Act, 1944 these appeals are not maintainable before this court - Decided against Revenue. - TAX APPEAL NO. 809 of 2015, TAX APPEAL NO. 810 of 2015 TO TAX APPEAL NO. 812 of 2015 - Dated:- 4-11-2015 - MS. HARSHA DEVANI AND MR. A.G.URAIZEE, JJ. For The A .....

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as challenged the order dated 13th April, 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal by proposing the following questions, stated to be substantial questions of law: (A) Whether in the facts and on the circumstances of the case, the Customs, Excise and Service Tax Appellate Tribunal has committed substantial error of law in interpreting Notification No.14/20002-CE dated 01.03.2002 and consequently holding that exemption under Sr.No.04 in terms of the said notification .....

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Explanation-II to Notification No.14/20002-CE dated 01.03.2002 and whether the legal fiction created thereunder includes textile yarns and fabrics subjected to Nil rate of duty or those which are not subjected to the payment of duty? (D) Whether in the facts and circumstances of the case, the Tribunal has committed substantial error of law in holding that decision taken in the case of CCE Ludhiana vs. Prem Industries, Simplex Mills Co. Limited vs. CCE and Morarjee Gokuldas Spinning and Weaving C .....

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