Filing of an appeal against order whose correctness was decided by High Court is untenable

Commissioner of Customs Vs Intex Technologies (India) Ltd (CESTAT Delhi) CESTAT Delhi held that order passed by Commissioner (A) is without jurisdiction as the appeal is filed by the department before the Commissioner (A) against an order the correctness of which stood decided against the department by the Delhi High Court. Facts- The Commissioner of Customs (ACC Export), New Customs House, New Delhi has filed this appeal to assail the order passed by the Commissioner of Customs (Appeals) on the appeal filed by the department to assail the order passed by the Assistant Commissioner rejecting t...