- (1.) Delay condoned.
(2.) The issue of classification is raised in this appeal. The Customs, Excise and Service Tax Appellate Tribunal ( "CESTAT ") in the impugned order had noted that the said issue of classification is pending in this Court in other appeals. On that basis the CESTAT has disposed of the appeal. Liberty is also given to approach the CESTAT after the verdict of this Court in the appeals pending here.
(3.) In that view of the matter the CESTAT should not have disposed of the appeal and should have kept the appeal pending till the issue is decided by this Court.;