2002 (2) TMI 139

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..... eal 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 the High Court of Rajasthan by way of a writ petition. T .....

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..... inst 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 passed by the Collector of Customs and therefore, the Trib .....

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