COMMISSIONER OF CENTRAL EXCISE Vs. JBF INDUSTRIES LTD.

JUDGEMENT

(1.) IN this appeal under Section 35G of the Central Excise Act, 1944 (the Act), the Commissioner of Central Excise, Vapi has challenged order dated 25th February, 2009 [2009 (246) E.L.T. 286 (Tribunal)] made by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal) proposing the following two questions:

(2.) VIDE order dated 14th October, 2010, this Court had issued notice in the matter, in response to which, Mr. Paresh Dave, learned advocate appears on behalf of the Respondent.

(3.) ON the other hand, Mr. Varun Patel, learned Standing Counsel appearing on behalf of the Appellant has submitted that the controversy involved in the present case is well within the jurisdiction of this Court and as such, the appeal is maintainable.