2002 (2) TMI 139

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....r per : Justice K.K. Usha, President]. - The present appeal which is referred for being considered by the Larger Bench relates to the maintainability of an appeal before the Tribunal from an interim order of stay passed by the Commissioner (Appeals) under Section 35F of the Central Excise Act, 1944. 2. The appellant herein challenged the interim order passed by the Commissioner (Appeals) before....

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....ding maintainability of an appeal before this Tribunal against the interim order passed by the Commissioner (Appeals). The learned Single Member also observed that in Jain Engineering Company v. Collector of Customs, Bombay [1994 (71) E.L.T. 321 (S.C.) = 1994 (1) RLT 50 Supreme Court] dismissed the assessee's appeal on the ground that the appeal before the Tribunal was not against any final order ....