https://www.taxtmi.com/caselaws?id=265382 An appeal under Section 35B of the Central Excise Act, 1944 is maintainable unless the impugned order falls within the statutory proviso excluding appellate jurisdiction. Following an earlier Division Bench view on the same controversy, the High Court held that the Tribunal erred in treating the appeal as incompetent because the order appealed against did not fall within the proviso. The dismissal for want of maintainability was therefore unsustainable, the Tribunal's order was set aside, and the matter was restored for decision on merits in accordance with law. en-us Thu, 26 Feb 2015 00:00:00 +0530 Sun, 11 Oct 2015 18:49:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=265382 An appeal under Section 35B of the Central Excise Act, 1944 is maintainable unless the impugned order falls within the statutory proviso excluding appellate jurisdiction. Following an earlier Division Bench view on the same controversy, the High Court held that the Tribunal erred in treating the appeal as incompetent because the order appealed against did not fall within the proviso. The dismissal for want of maintainability was therefore unsustainable, the Tribunal's order was set aside, and the matter was restored for decision on merits in accordance with law. Case-Laws Central Excise Thu, 26 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=265382