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    <title>2010 (6) TMI 191 - Gujarat HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=77825</link>
    <description>The High Court held that the Third Member of the Customs, Excise &amp;amp; Service Tax Appellate Tribunal lacked jurisdiction beyond resolving differences among original Bench Members. The President&#039;s direction for points of difference formulation by a single remaining Member was deemed invalid. Emphasizing Section 129C(5) of the Customs Act, the Court clarified that appeals must be decided by a majority opinion of the Bench. Following the retirement of one Bench Member, the President should have assigned the appeal to a new Division Bench. The Court set aside previous orders, directing a fresh hearing by a Division Bench and allowing the petition with no costs.</description>
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    <pubDate>Wed, 30 Jun 2010 00:00:00 +0530</pubDate>
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      <title>2010 (6) TMI 191 - Gujarat HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=77825</link>
      <description>The High Court held that the Third Member of the Customs, Excise &amp;amp; Service Tax Appellate Tribunal lacked jurisdiction beyond resolving differences among original Bench Members. The President&#039;s direction for points of difference formulation by a single remaining Member was deemed invalid. Emphasizing Section 129C(5) of the Customs Act, the Court clarified that appeals must be decided by a majority opinion of the Bench. Following the retirement of one Bench Member, the President should have assigned the appeal to a new Division Bench. The Court set aside previous orders, directing a fresh hearing by a Division Bench and allowing the petition with no costs.</description>
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      <pubDate>Wed, 30 Jun 2010 00:00:00 +0530</pubDate>
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