2015 (10) TMI 686

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..... as, the appeal would also be filed before the same High Court and would have been dealt with by the same Bench. Further, we find that the limitation for filing an appeal before High Court is 180 days from the date of the order of the Tribunal and prior to the expiry of the said date the writ petition was filed - Decided against Revenue. - Writ Tax No. - 89 of 2011 - - - Dated:- 15-9-2014 - Tar .....

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..... r, being aggrieved, has filed the present writ petition which was duly entertained. A preliminary objection was raised by Sri Amit Mahajan, learned counsel for the Central Excise Department contending that the writ petition is not maintainable inasmuch as an appeal lies under Section-35G(2) of the Act. Having perused the said provision, we are of the opinion that even though the appeal shoul .....

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..... erest of justice the appeal of the petitioner should be heard by the Tribunal on merits. We, accordingly set-aside the impugned orders dated 17.01.2008 and order dated 28.05.2010 passed by the Tribunal with the direction that the appellate tribunal will decide the appeal of the petitioner on merits after hearing all the concerned parties within a period of six months from the date of production .....

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