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Whether an appeal can be filed by the person on an entirely different ground in whose favour decision has been made? Whether if decision of Commissioner appeal is in favour of department it can be challenged by the department?

Dated:- 8-4-2015 - 25 - Appeals No. In the case of SRF Industrial Fabrics [1994 (5) TMI 106 - CEGAT, NEW DELHI], it was held that if classification done by the assessee is approved by the Asstt. Commissioner, the assessee cannot be said to be aggrieved and hence he can not file an appeal on an entirely new grounds. In the case of Thermo Plast [1998 (7) TMI 245 - CEGAT, NEW DELHI], it was held that since Collector (Appeals) by the impugned order had entirely allowed the prayer of the Revenue, the .....

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