1. With the consent of the parties, the appeal involving the issue for consideration is heard finally. The appeal was admitted on the following substantial question of law:

“Whether the CESTAT was justified in law in refusing to admit the appeal ignoring that the issue related to valuation of goods and therefore, discretion to refuse to admit the appeal under sub-section (1) of Section 35-B of the Central Excise Act, 1944 was not available under the law?”

This appeal has been directed against the order dated 15.11.17 passed by CESTAT whereby the appeal of the appellant under Section 35B has been dismissed in limine invoking proviso II of Section 35 B of the Central Excise Act.

2. Counsel for the appellant raised a short and pointed submission that in the instant case, as the dispute relates to valuation of goods for the purposes of assessment, the discretion to refuse to admit the appeal on the ground of duty involved being less than Rs. 2,00,000/- was not available. In support of his submission, reliance has been placed on the decision of the Madras High Court in the matter of Roots Multiclean Ltd. Vs. CESTAT, Chennai, 2016 (336) ELT 25 (Mad.).

3. In reply, counsel for the revenue submitted that the present appeal arises out of the issue involving valuation of goods therefore in view of provision contained in Section 35G sub-section (1) of the Act, this appeal itself is not maintainable before this Court even it were to be assumed that the appeal was wrongly dismissed by the CESTAT, appellant's remedy lies elsewhere.

4. We have heard counsel for the parties.

5. In order to answer the question of law framed before us, we are required to examine the statutory scheme of Section 35B of the Act. The provision contained in Section 35B sub-section (1) of the Act being relevant is extracted herein below:

35B. Appeals to the Appellate Tribunal - (1) Any person aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order:-

(a) a decision or order passed by the Collector of Central Excise as an adjudicating authority.

(b) an order passed by the Collector (Appeals) under Section 35A.

(c) an order passed by the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963) (hereafter in this Chapter referred t as the Board) or the Appellate Collector of Central Excise under Section 35, as it stood immediately before the appointed day.

(d) an order passed by the Board or the Collector of Central Excise, either before or after the appointed day, under section 35A, as it stood immediately before that day:

Provided that no appeal shall lie to the Appellate Tribunal and the Appellate Tribunal shall not have jurisdiction to decide any appeal in respect of any order referred to in clause (b) if such order relates to:-

(a) a case of loss of goods, where the loss occurs in transit from a factory to a warehouse or to another factory, or from one warehouse to another, or during the course of processing of the goods in a warehouse or in storage, whether in a factory or in a warehouse.

(b) a rebate f duty of excise on goods exported to any country or territory outside India or on excisable materials used in the manufacture of goods which are exported to any country.

(c) goods exported outside India (except to Nepal or Bhutan) without payment of duty:

Provided further that the Appellate Tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause (b) or clause (c) or clause (d) where:-

(i) in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved.

(ii) the amount of fine or penalty determined by such order, does not exceed fifty thousand rupees.”

6. The second proviso to the aforesaid provision carves out an exception where th