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M/s. Sunpack Corporation Versus Commissioner of Central Excise, Mumbai-III

2018 (2) TMI 780 - CESTAT MUMBAI

Maintainability of appeal - monetary limit involved in appeal - Held that: - 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 claus .....

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d that amount is below threshold limit of ₹ 50,000/- without going into merit of the case - appeal dismissed. - E/1060/2008-EX[DB] - A/91656/2017 - Dated:- 2-11-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) None f .....

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ppeal 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 the Appellate Tribunal against suc .....

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ed under the Central Boards of Revenue Act, 1963 (54 of 1963) (hereafter in this Chapter referred to as the Board) or the Appellate Commissioner of Central Excise under section 35, as it stood immediately before the appointed day; (d) an order passed .....

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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 another factory, or from one wa .....

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ials used in the manufacture of goods which are exported to any country or territory outside India; (c) goods exported outside India (except to Nepal or Bhutan) without payment of duty ; (d) credit of any duty allowed to be utilised towards payment o .....

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hat the Appellate Tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause (b) or clause (c) or clause (d) where : (i) in any disputed case, other than a case where the determination of any question havi .....

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