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TMI Blog2015 (3) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... s for purposes of assessment. In the circumstances, the present appeal which relates to the applicability of the above referred circular, relates directly to the determination of rate of duty for the purpose of assessment and as such, in the light of the provisions of Section 35G read with Section 35L of the Act, this Court has no jurisdiction to entertain the appeal. - appeal is not maintainable - Following decision of Commissioner of Central Excise v. JBF Industries Ltd. [2010 (12) TMI 437 - GUJARAT HIGH COURT] - Decided against Revenue. - C.M.A.Nos.779 to 781 of 2011 - - - Dated:- 5-3-2015 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr. Rajnish Pathiyil Standing Counsel For the Respondent : Mr. Hari Radhakrishnan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the appeals holding that as per Circular No.96/2002-Cus. dated 27.12.2002 it is the quantity received in the shore tank which is required to be accepted. Aggrieved by the said order, the department has filed the present appeals on the question of law, referred supra. 3. We have heard the learned Standing Counsel appearing for the department and the learned counsel appearing for the first respondent and perused the order passed by the Tribunal and other documents. 4. At the outset, learned counsel for the respondent objected to the maintainability of the appeal before this Court on the above question of law raised by the department. It is the plea of the learned counsel for the respondent that Section 35G of the Central Excise Act pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uarely fall within the meaning of the said expression. A dispute as to the classification of goods and as to whether or not they are covered by an exemption notification relates directly and proximately to the rate of duty applicable thereto for purposes of assessment. Whether the value of goods for purposes of assessment is required to be increased or decreased is a question that relates directly and proximately to the value of goods for purposes of assessment. The statutory definition of the said expression indicates that it has to be read to limit its application to cases where, for the purposes of assessment, questions arise directly and proximately as to the rate of duty or the value of the goods. 12. This, then, is the test for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n question. Therefore, the objection of the learned counsel for the respondent is sustained. 7. The above said view of this Court is fortified by a decision of the Gujarat High Court in Commissioner of Central Excise v. JBF Industries Ltd., 2011 (264) ELT 162 (Guj.), wherein it is held as under: 10. In the light of the aforesaid judicial pronouncements, it is apparent that the question as to the applicability of a notification or a circular which has a bearing on the determination of the rate of duty is a question which has a direct and proximate relationship to the rate of duty and to the value of goods for purposes of assessment. In the circumstances, the present appeal which relates to the applicability of the above referred circu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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