KALYANI SHARP INDIA Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Commissioner Central Excise Pune -I has filed this appeal against Order -in -Original No. 47/CEX/98, dated 31 -12 -1998 passed by the Commissioner of Central Excise, Pune -I, which was reviewed by the Board vide order dated 10 -12 -1999 and the appeal came to be filed only on 22 -5 -2002 with condonation of delay application. The application for condonation of delay was dismissed by order dated 30 -10 -2002. Commissioner moved the Bombay High Court in W.P. No. 5689/03 and the Hon'ble Court vide order dated 24 -9 -2004 set aside the order dated 30 -10 -2002 of this Tribunal and ordered -

(2.) This matter was listed for hearing on 5 -5 -2005 and adjourned and was heard on 17 -6 -2005 along with E/S/255/05 and E/279/05 as per bench orders on 5 -5 -2005. After hearing both sides it is found -