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Bombay High Court

The Commissioner Cgst And Central ... vs New Kamath Tobacco Co. Pvt. Ltd on 26 September, 2019

Author: Nitin Jamdar

Bench: M.S.Sanklecha, Nitin Jamdar

                                             1                194 CEXA 162 - 2019.doc


Sequeira

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION



               CENTRAL EXCISE APPEAL NO. 162 OF 2019


The Commissioner CGST & Central Excise
Thane Commissionerate                                    .. Appellant
     Vs
New Kamath Tobacco Co.Pvt.Ltd.                           .. Respondent


Mr.Pradeep S.Jetly a/w J.B.Mishra, for the Appellant.


                                      CORAM : M.S.SANKLECHA &
                                              NITIN JAMDAR, JJ.

Date : 26 September 2019.

P.C. :

Heard.

2. Admit on the following substantial questions of law.

(a) Whether the Central Excise and Service Tax Appellate Tribunal rightly appreciated Rule 2(b) along with the Explanation to Rule 5 of Chewing Tobacco and Unmanufactured Tobacco (Capacity Determination and Collection of Duty) Rules, 2010 while holding that the machines installed by the assessee are multiple track/multiple line?
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2 194 CEXA 162 - 2019.doc

(b) Whether the Central Excise and Service Tax Appellate Tribunal was right in holding that there is no evidence with regard to non-compliance of Rule 6 of Chewing Tobacco and Unmanufactured Tobacco (Capacity Determination and Collection of Duty) Rules, 2010, by the assessee?

(NITIN JAMDAR, J.) (M.S.SANKLECHA, J.) ::: Uploaded on - 27/09/2019 ::: Downloaded on - 28/09/2019 00:12:19 :::