IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.637 of 2009 Commissioner of Central Excise, Govt. of India, Patna 3rd Floor C.R. Building Bir Chand Patel Path P.S. Kotwali Town Dist. Patna Appellant Versus M/S BATA INDIA LTD Digha, Patna (Bihar) Respondent --------- For the appellant: Mrs Nivedita Nirvikar, Advocate For the respondent: Mr D.V. Pathy, Advocate -------- 04/ 06.09.2010 Heard the parties. This appeal has been directed against order dated 15.6.2009 (signed on 17.6.2009) by the Customs Excise & Service Tax Appellate Tribunal, East Zone; Kolkata whereby Misc. Appeal (ROM)-164/2009 filed by Revenue in Excise Appeal No. EDM 499/ 2005 has been dismissed on merits as well as on the ground that the Tribunal has no power to review. Since the appeal is confined against order of rejecting review application, there is no scope to examine the correctness or legality of earlier order of the Tribunal passed on merits. Since there is no dispute that the Tribunal does not have power to review, we have no option but to hold that the Tribunal could not have interfered with its order passed earlier on 16.12.2008. Hence we are constrained to dismiss this appeal. No costs. (Shiva Kirti Singh, J) (Hemant Kumar Srivastava, J) shahid