=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CENTRAL CENTRAL CENTRAL EXCISE EXCISE EXCISE APPEAL NO.61 OF 2008 APPEAL NO.61 OF 2008 APPEAL NO.61 OF 2008 The Commissioner of Central Excise Thane II, Thane ...Appellant v/s M/s Viraat Ispat Ltd. M.I.D.C., Tarapur, District Thane ...Respondents Ms S.V. Bharucha with Mr S.D. Bhosale for Appellant. Mr V.M. Thorat for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE DATE DATE : 10TH SEPTEMBER 2008 10TH SEPTEMBER 2008 10TH SEPTEMBER 2008 =2= P.C.- 1. Heard learned counsel appearing for both the sides. The Tribunal has upheld the duty imposed and remanded the matter back for redetermination of the penalties. The question of law as framed does not arise from the order impugned. Appeal is rejected. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)