TMI Blog2018 (9) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase dated 26th October 1999 - Held that:- The issue raised by the Petitioner in this case is of the appropriate interpretation of the Act. It is agreed position between the parties that the Appeal would lie from the Communication dated 18th April 2017 to the Commissioner of Central Excise (Appeals) under Section 35 of the Act. As there is an efficacious remedy available under the Act, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1944 ( the Act ) and the Rule 230 of the Central Excise Rules 1944 ( the Rules ). 2. The Petitioner's grievance is that the recovery proceedings cannot be initiated against them, as they are not covered by the provisions of Section 11 of the Act at the relevant time when it purchased specified assets under the agreement of purchase dated 26th October 1999. Thus, the impugned recovery noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo weeks from today and also complies to the satisfaction of the Commissioner of Central Excise (Appeals) the conditions for filing an Appeal (including Section 35F of the Act). We have condoned the delay in view of the decision of the Supreme Court in M .P. Steel Corporation Vs. Commissioner of Central Excise Appeals 319 ELT 373 , wherein it has been held that time spent bonafide in prosecutin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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