9911796707
TMI Blog2000 (5) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... before us on reference by a Division Bench of Two Members of this Tribunal. The reference has been made as that Bench was not in agreement with the decision of the Tribunal in the case of Kamal Auto Industries v. Collector of Central Excise, Jaipur reported in 1996 (82) E.L.T. 558 (Tribunal). Based on that view, the following reference has been made to us - "(i) Whether in view of Note 3 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amal Auto Industries and the Supreme Court passed the following order - "ORDER These appeals are dismissed on the ground of delay as well as on merits " 3. Learned counsels for the appellants submitted that this order of the Supreme Court is no bar against the examination of the issue by us in this Larger Bench as, this was an order in limine. Learned counsels also submitted that in limine o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eference does not survive. We find that the referral order makes no mention of the Supreme Court's order, even though it had been passed much later on 6-4-2000 than the Supreme Court order dated January 31, 2000 (copy of which was also issued on 19-2-2000) 6. The learned counsels for the appellants also submit that the appeals involved issues other than the classification issue decided in the Ka ..... X X X X Extracts X X X X X X X X Extracts X X X X
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