bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.89 OF 2009 Commissioner of Central Excise ..Appellant Vs. M/s.Shree Rubber Plast Pvt.Ltd. ..Respondent Mr.R.V.Desai, Senior Advocate with Mr.R.B.Pardeshi for appellant. Mr.M.H.Patil for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 25TH NOVEMBER,2009 P.C. 1. Heard. Perused appeal. 2. The finding of fact recorded by the Tribunal that the capital goods were never moved outside the factory premises, is not a subject matter of challenge. In this view of the matter, the appeal stands dismissed for want of substantial question of law with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)