Full Judgment
2. The Collector of Central Excise (Appeals) had classified the same under Heading No. 85.23 under which the audio/video cassettes are classifiable.
3. In the grounds of appeal, the appellants have referred to the Board's Circular issued under No. 33/9/94-CX., dated 29-7-1994 in which it has been clarified that the cassettes housings/casings, hubs, rollers and stoppers shall be classifiable under Heading No. 39.26 of the Central Excise Tariff.
4. As the Board's Circular was issued in exercise of the powers under Section STB of the Central Excises Act such Circulars issued by the Board are binding on the Departmental authorities and are to be followed by the Department as held by the Supreme Court in the case of Ranaday Micronutrients v. CCE, 1996 (87) E.L.T. 19 (S.C.).
5. We modify the impugned order-in-appeal and hold that the correct classification of the blank audio cassette without tapes was under Heading No. 39.26 of the Central Excise Tariff.