2014 (3) TMI 52

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..... ecision of Commissioner of Central Excise, Ahmedabad Vs. Ramesh Food Products [2004 (11) TMI 103 - SUPREME COURT OF INDIA] and Nebulae Health Care Limited Vs. Commissioner of Customs, Chennai [2006 (8) TMI 74 - CESTAT, CHENNAI] - appeal is dismissed as not maintainable under Section 35G of the Act before this Court - Decided against revenue. - Central Excise Appeal No.72 of 2011 - - - Dated:- 18 .....

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..... is appeal is with regard to interpretation of Notification No.8/2003 dated 1 March 2003. The counsel for the Respondent submits that the issue relates to rate of duty and, therefore, the appeal is not maintainable in this Court. 3. The learned counsel for the Appellant-Revenue relies upon the decision of Supreme Court in Commissioner of Central Excise, Ahmedabad Vs. Ramesh Food Products {2004 ( .....

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..... under : 35L. Appeal to the Supreme Court. An appeal shall lie to the Supreme Court from - (a) any judgment of the High Court delivered - (i) In an appeal made under section 35G; or (ii) On a reference made under section 35G by the Appellate Tribunal before the first day of July,2003; (iii) On a reference made under section 35H, in any case which, on .....

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