2005 (2) TMI 149 - HC - Central Excise

Dismissal of Appeal under Section 35G for Lack of Legal Questions

The High Court dismissed the appeal under Section 35G of the Central Excise Act, finding it lacked merit as it did not involve any substantial question of ... Reference to High Court Issues:Appeal under Section 35G of the Central Excise Act, 1944 against an order of the Tribunal.Analysis:The judgment pertains to an appeal filed by the assessee under Section 35G of the Central Excise Act, 1944 against an order passed by the Tribunal. The court, after hearing the appellant's counsel, concluded that the appeal lacked merit and should be dismissed in limine as it did not involve any substantial question of law. The court noted that the impugned order was based on cogent reasoning and the appellant's own admission that the goods were manufactured under various brand names belonging to different traders. This admission was considered as conclusive proof against the appellant for manufacturing branded goods under another person's brand name. The court emphasized that the case involved a pure question of fact and not a substantial question of law, which is necessary for admitting an appeal under Section 35G of the Act.The appellant's counsel argued that the effect of Explanation (ix) to the notification was not considered in the case. However, the court found no merit in this submission, highlighting that the appellant did not raise this argument before the Tribunal during the appeal, nor was any finding sought. Therefore, the court refused to entertain this plea raised for the first time in the second appeal. Consequently, the court dismissed the appeal, emphasizing that for an appeal to be admitted under Section 35G, there must be a substantial question of law, which was absent in this case.