2008 (4) TMI 517

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....RESENTED BY :        Shri S.N. Kantawala, Advocate, for the Appellant. Dr. M.K. Rajak, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The application is for transfer of appeal to Mumbai even though the impugned order was passed by Commissioner of Central Excise, Daman, and the normal jurisdiction lies with the Ahmedabad Bench. It is....

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....ind that this Bench does not have any power to transfer the matter to another bench, on the ground that Head-office of the appellant is situated under the jurisdiction of that bench. We are also relying upon the Tribunal's decision produced by the learned JDR in the case of M/s. Just Marble v. CC, Jaipur, as reported in 2006 (201) E.L.T. 445 (Tri-Del.) and in the case of M/s. Godrej Foods Ltd. v. ....

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....lhi as reported in 2001 (138) E.L.T. 37 (Mad.). On going through the Para 9 of the said judgment, we find that Hon'ble High Court has observed that request for transfer was made on 15-11-96 and the importer had right to get the appeals transferred to other benches under the jurisdiction of which they are doing business. We find that during the relevant period, vide Notification No. 3 of 1995 CEGAT....