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2016 (6) TMI 152 - CESTAT NEW DELHI

2016 (6) TMI 152 - CESTAT NEW DELHI - TMI - Maintainability or revenue appeal - Whether the appeal filed by the Revenue was not maintainable as there was no proper review or authorization in accordance with Section 35 B(2) of the Act, 1944 - Held that:- the issue is no more res integra and the same High Court of Chattisgarh in a latter decision answered the question of law now referred to this Tribunal for decision. Therefore, by following the decision of the Hon'ble High Court in the case of M/ .....

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) - Final Order No.51743/2016 - Dated:- 2-5-2016 - Shri B. Ravichandran, Member (Technical) For the Appellant : Shri M.R. Sharma, DR. For the Respondent : Shri Piyush Kumar, Advocate. ORDER Per B. Ravichandran The appeal is against the order dated 31.05.2007 passed by the Commissioner (Appeals-I), Raipur. The brief facts of the present appeal by the Revenue is that respondent are engaged in the manufacture of sponge iron etc. liable to central excise duty. Certain proceedings were initiated agai .....

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e confiscation of seized goods. He upheld the imposition of penalty. Aggrieved by this order, the Revenue filed an appeal before the Tribunal, which was decided by a final order dated 7.1.2010. The Tribunal restored order-in-original by allowing the appeal by Revenue. The respondent filed appeal before the High Court of Chattisgarh. The Honble High Court vide their order dated 25.02.2011 set aside the Tribunals order and remanded the matter to the Tribunal to record a finding on the following .....

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n accordance with a proper authorization in terms of Section 35 B(2) of Central Excise Act, 1944. 3. Ld. AR contested the argument of the respondent and submitted that the exercise of powers under Section 35 B(2) has been a subject matter of decision by the Honble Delhi High Court in the case - L.R. Sharma 2014 (35) STR 3 (Delhi) upheld by the Honble Supreme Court in the case of 2015 (39) STR J-83 (SC) and Honble Allahabad High Court in Devson Steels - 2014 (301) ELT 295 (All.), Ufan Chemical .....

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of the opinion that the order passed by him is not legal or proper. 10. In the present case, the opinion of the Committee of the Commissioners of Central Excise or authorization under Section 35 B(2) of the Act records brief facts of the case and grounds of the appeal and as to why the order passed by the Commissioner (Appeals) is not legal; and thereafter, it opines for filing of an appeal. 11. This authorization is signed by both the Commissioners. However, one of them has signed on 4.11.2008 .....

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