2010 (7) TMI 1235

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..... PONENT(S) : 1, ORDER ( Per : HONOURABLE MS. JUSTICE H. N. DEVANI ) 1. In these appeals under section 35G of the Central Excise Act, 1944, appellant revenue has challenged consolidated order dated 5.1.2009 made by Customs, Excise and Service Tax Appellate Tribunal (the Tribunal) proposing the following questions in the respective appeals : TAX APPEAL No. 1369 OF 2009 (A) Whether in the facts and ci .....

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..... al has committed substantial error of law in holding that there was no malafide intention on the part of the assessee to avail inadmissible credit and, therefore, the Department cannot invoke extended period of limitation under proviso to Section 11A of the Central Excise Act, 1944? (B) Whether in the facts and circumstances of the case, the Tribunal has committed substantial error of law by setti .....

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..... ferred appeals before this High Court being Tax Appeals No. 1361 of 2009 and 1364 of 2009 which came to be dismissed vide judgment and order dated 6.5.2010. In the circumstances, it is not necessary to set out the facts and contentions in detail. 4. In the circumstances, for the reasons stated in judgment and order dated 6.5.2010 made in Tax Appeals No. 1361 of 2009 and 1364 of 2009, these appeals .....

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