Another citation was brought to our notice i.e. CCE v. Siv Industries Ltd. vide Ref/131/98 dated 1.7.1998, wherein, a similar question was also not referred.
4. The learned Chartered Accountant appearing for the respondent filed a detailed cross objection. He submitted that the question raised by the Revenue was a matter of consideration in the case of CCE v. Sri Ranganatha Industries in Reference No. 5/98 dated 21.1.1998 and the Tribunal had not accepted the prayer for reference to the High Court on the basis of an earlier order in the case of CCE v. SIV Industries Ltd vide Reference Application No. 131/98 dated 1.7.1998 wherein also similar question formulated was not referred to the High Court.
3. The Ld. DR submits that in the case of CCE v. SIV Industries Order No. 2862/97, the Single Member of this Bench had remanded the matter for de novo consideration.