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Issues: Whether the appeal against the order of the Commissioner (Appeals) concerning rebate of central excise duty was maintainable before the Tribunal under the first proviso to Section 35B of the Central Excise Act, 1944.
Analysis: The dispute related to sanction of rebate on exported goods. The Tribunal held that, in view of the first proviso to Section 35B, it had no jurisdiction to entertain an appeal against the Commissioner (Appeals) order in such matters. Since the appeal was outside the Tribunal's appellate competence, the merits of the rebate dispute did not require adjudication.
Conclusion: The appeal was not maintainable before the Tribunal and was dismissed.