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TMI Blog2016 (2) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... ority, Government of India in terms of Section 35EE of the Central Excise Act. In view of this, the appeal is dismissed being not maintainable. However, the appellant is at liberty to file revision before the Revisionary Authority in terms of Section 35EE of the Central Excise Act, 1944. - Appeal No. E/1063/10- Mum - - - Dated:- 9-10-2015 - S. S. Garg, Member (J) For the Appellant : M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der, the appeal was filed and the same was dismissed by the Commissioner vide his order dated 12.03.2010. The appellant has challenged the said order of the Commissioner by filing this appeal. 3. I have heard the ld. counsel for the parties and perused the records. 4. At the outset, ld. Superintendent (AR) appearing on behalf of the revenue raised a preliminary objection that the issue invol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tri-Bang) Supercoats Inds. 2005 (191) ELT 290 (Tri-Bang) Total Oil India P. Ltd. CESTAT Order no. A/1034/15/SMB dated 17.04.2015 5. I have heard the submission of both sides. The relevant proviso to Section 35B is reproduced herein below:- Provided that no appeal shall lie to the Appellate Tribunal and the Appellate Tribunal shall not have jurisdiction to decide any appeal in respe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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