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Issues: Whether the appellant could maintain a direct challenge before the Supreme Court without first availing the statutory appeal remedy under Section 35-G of the Central Excise Act, 1944.
Analysis: The appellant had earlier been told that a statutory appeal lay to the High Court under Section 35-G of the Central Excise Act, 1944, and the appellant accepted that position. As that remedy was not availed, the direct challenge to the CESTAT order could not be entertained.
Conclusion: The direct appeals were not maintainable and the challenge was rejected against the appellant.