1997 (12) TMI 116

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssessee states that this appeal arises out of a consequential order made pursuant to the decision reported in Dalmia Industries Ltd. v. Collector of Central Excise - 1992 (61) E.L.T. 295 pertaining to classification in respect of the same assessee. He submits that the question of classification was decided by the Tribunal in the assessee's favour and even though a caveat was filed in this Cour....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....essee-respondent, and it not having been shown to us that the Department has challenged the Tribunal's decision on the question of classification repor- ted in Dalmia Industries case (supra), this appeal must fail for this reason alone. 3. The appeal is dismissed. 4. C.A. Nos. 1567/93 and 2482-84/93 - The submission of the learned Additional Solicitor General is that the expression '....