2002 (11) TMI 727

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ushkarna, JDR, for the Respondent. [Order]. - I allow the stay application and take up the appeal for final disposal. 2. The appellants are engaged in the manufacture of insulated wires and cables and are availing the Cenvat credit facility in respect of inputs and capital goods. The Range Supdt. of Central Excise issued to them letter No. C.E.-20/2002, dated 24-4-2002, on the basis ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Central Excise Act and hence the demand was ab initio illegal. Ld. Consultant relied on the following decisions of the Tribunal :- (i)         Aluminium Industries Ltd. v. CCE [1989 (43) E.L.T. 678] (ii)       Shree Baidyanath Ayurved Bhawan Ltd. v. CCE [2001 (129) E.L.T. 780] (iii)      Hy....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was in the nature of a quasi-judicial action. In other words, his letter dated 24-4-2002 was appealable under Section 35A of the Central Excise Act. The impugned order of the Commissioner (Appeals) dismissing the assessee's appeal against the Supdt.'s letter as not maintainable cannot, therefore, be sustained. Insofar as the Supdt.'s proceedings are concerned, as already noted, the proceedings we....