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TMI Blog2010 (3) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble Mr.Justice M. M. Kumar Hon'ble Mr.Justice Jitendra Chauhan Present: Mr.Kamal Sehgal, Senior Standing counsel for the appellant. Mr.AR Madhav Rao, Advocate and Mr.Tarun Jain, Advocate for the respondents. Notes: 1) To be referred to the reporters or not? 2) Whether the judgment should be reported in the Digest? *** M. M. KUMAR, J. This order shall dispose of six appeals/p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ached the Bombay High Court by filing Central Excise Application No.1 of 2006. The Bombay High Court, after considering the notification No.5/94 Central Excise (NT) dated 1.3.1994 has concluded that since the issue raised necessarily involved the rate of duty within the meaning of Section 35-G of the Central Excise Act, 1944 (for brevity 'the Act'), the appeal would be competent before Hon'ble the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties have jointly stated that the question of rate of duty would be involved and appeal, if any, would be competent before Hon'ble the Supreme Court in view of the provisions of Section 35-G of the Act. This was also the course adopted by the Bombay High Court in its order Mark 'A'. Accordingly, these appeals are disposed of with a liberty to the Revenue to file appeal before Hon'ble the Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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