TMI Blog2016 (10) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... huguna and Jitin Singhal, Advocates, for the Respondent. ORDER CEAC 2/2016 & CM No. 3910/2016 (for stay) : A fervent plea is made by Ms. Sonia Sharma, learned senior standing counsel appearing for the appellant, that in September, 2015 the Department has come across certain documents which show that the units from where the respondents have been procuring their products were using registered tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged to some other person as no Trade Mark Registration or some other document proving the ownership of the impugned brand names by some other persons have been placed on record while making allegations in the show cause notice". 3. Against the above order when the Department went in appeal before the Customs, Excise & Service Tax Appellate Tribunal ('CESTAT'), no ground was raised that the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed view of the Court, give rise to any substantial question of law. This is irrespective of the preliminary objection of the Respondent on the maintainability of the present appeal on the ground that the issue arising from the impugned order of the CESTAT concerns payment of duty and, therefore, an appeal is maintainable only before the Supreme Court. 5. The appeal and the application are ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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