2018 (9) TMI 1203 – BOMBAY HIGH COURT – TMI – Maintainability of appeal – Condonation of 11 days delay in filing the appeal – Held that:- In the case of Commissioner of Central Excise Vs. Eon Hinjewadi Infrastructure (P) Ltd. [2018 (9) TMI 665 – BOMBAY HIGH COURT] it was held that the jurisdiction of this Court to entertain appeals under Section 35G of the Act is determined by the order passed by the Tribunal and not on the basis of the question framed by the appellant.
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This Court does not have jurisdiction to entertain the appeal. Therefore, it would be appropriate if the applicants also file their appeal from the impugned order to the Hon'ble Supreme Court, if they are so advised – Appeal dismissed as not maintainable. – NOTICE OF
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he Tribunal has been challenged by the respondent before the Hon'ble Supreme Court being Civil Appeal No.1321 of 2018 and the same has also been admitted on 22nd January, 2018. In the above view, it is submitted by Mr. Thakker that this appeal would not be maintainable before this Court. 3. Mr. Jetly, learned Counsel appearing for the applicant presses the appeal on the ground that the issue being raised in the accompanying appeal is with regard to the impugned order of the Tribunal not following the earlier directions of the Hon'ble Supreme Court. Therefore, according to him this appeal would be maintainable before this Court. 4. We note that as impugned order is the subject matter of appeal which has been admitted by the Hon'b
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