Section 9C special bench procedure applies only to subsidy or dumping orders, not ordinary customs appeals.

The appellate route under Section 9C is confined to orders determining or reviewing the existence, degree and effect of subsidy or dumping in relation to imports, so the special requirement of a Bench comprising the President and two members applies only to that class of matters. An order passed by the Commissioner of Customs (Appeals) does not fall within that category and is instead an ordinary appeal under Section 129A. The special bench composition under Section 9C(5) was therefore inapplicable, and the matter was returned to the jurisdictional Bench for hearing on merits.

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Issues: Whether the appeal was required to be heard by a Bench consisting of the President and two members under Section 9C(5), and whether the order under challenge was instead an ordinary appeal under Section 129A.

Analysis: The appeal contemplated under Section 9C is confined to orders determining or reviewing the existence, degree and effect of subsidy or dumping in relation to import of an article. The order challenged was not of that category. It was an order passed by the Commissioner of Customs (Appeals), which is appealable in the ordinary course under Section 129A. The special bench requirement under Section 9C(5) was therefore inapplicable.

Conclusion: The matter was held to fall outside Section 9C and was sent back to the jurisdictional Bench for hearing on merits.

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