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Vide the said Circular, it was advised to file Reference Application / Appeal before the jurisdictional High Courts against the Tribunal’s orders on the above subject. However, on re-examination of the matter, it is noticed that filing of a Reference Application / Appeal before the High Court in such cases may not be maintainable as such orders are not passed under Section 35C of the Central Excise Act, 1944. The above Circular is therefore, hereby withdrawn.
