2016 (11) TMI 684

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....ondent ORDER This appeal is filed by the Revenue against order-in-appeal No. CEX.XI/AKD/152/NSK/APL/2005 dated 25.10.2005. 2. Heard both sides and perused the records. 3. The first appellate authority by the impugned order has set aside the order-in-original that confirmed the demands raised on the respondent by holding that differential duty is payable.  The issue that falls for consider....

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....aring both sides and perusal of the records, we find that the issue is no more res integra as in respondent's own case, this Tribunal in judgment dated 23.3.2007 held that catering pack of ice cream of four-litre pack are not covered under the provisions of Section 4A, but duty is liable to be discharged under Section 4 of the Central Excise Act, 1944.  This decision is reported at 2007-TIOL-....