- (1.) This Central Excise Appeal under Section 35G of the Central Excise Act, 1944 has been filed by the assessee against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 29.11.2016 on the following questions of law : "1. Whether the Tribunal erred in law in disposing the appeal and granting liberty to the Appellant to come again after having final verdict from Hon'ble Supreme Court on the ground that the matter is sub-judice before Hon'ble Supreme Court, when the order dated 09.11.2009 of coordinate bench of Tribunal, Bangalore and order dated 25.07.2011 passed by division bench of this Hon'ble Court, has not been stayed by Hon'ble Supreme Court.?
(2.) Whether the Tribunal has erred in law in not following the coordinate bench order dated 9.11.2009 of Tribunal, Bangalore in Appellant's case itself, which is based on same facts, same investigation and same evidences and which has not been stayed by Hon'ble Apex Court till date?
(3.) Whether the impugned order passed by Tribunal is in teeth of the order passed by division bench of this Hon'ble Court in Central Excise Appeal No. 34 of 2011 (M/s Xerox India Ltd. v. CCE) wherein Tribunal was directed to decide the appeal in accordance with law, which has not been stayed by Hon'ble Apex Court till date?;