Precedent : Non-challenge of order by Revenue preclude from challenging similar order passed in respect of another unit.

The respondent M/s. Surcoat Paints (P.) Ltd. is engaged in
the manufacture of paints and varnishes. A show-cause notice was issued for
short payment of duty to the tune of Rs.40,33,903.73 on the goods cleared by the
manufacturer. As per the show-cause notice the SSI benefit is not available to
the respondents on the ground that SSI registration certificate was not
correctly given to the respondent.

The assessee being aggrieved by the order, filed an appeal
before the Tribunal. The Tribunal reversed the order passed by the Commissioner
of Central Excise, Allahabad, primarily relying upon the earlier decision of the
Tribunal in CCE v. Agra Leather Goods P. Ltd., (2000 (39) RLT 674 (T).

This appeal has been filed by the Revenue against the
judgment and order passed by the Customs, Excise and Gold (Control) Appellate
Tribunal, New Delhi.

The Court held that since the Revenue has accepted the
decision given by the Tribunal in Agra Leather Goods case (supra), the
Revenue is precluded from challenging the similar order passed in respect of
another unit. Since the order passed in Agra Leather Goods case (supra)
has attained finality, the present appeal deserves to be dismissed on this
ground alone and accordingly dismissed the appeal.