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2005 (2) TMI 133

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....r the Customs Tariff Act, 1985 initiated a new shipper review in respect of the foreign exporter (being the Respondent Nos. 4, 5 and 6 herein) for the period 1st July, 2002 and 23rd May, 2003. By the Notification dated 23rd May, 2003, the Designated Authority sought to review an earlier Notification issued by the Central Government imposing anti-dumping duty on imports of rectified porcelain tiles....

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..... The earlier Notification issued on 1st July, 2003 ordering provisional assessment was rescinded by the Central Government by Notification No. 81/2004, dated 28 July, 2004. When these subsequent events were brought to this Court's notice, we were of the view that the appellants may ventilate their grievance against the impugned notifications and the final findings before the Central Excise and Se....

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....t. 5.The matter was adjourned from time to time by this Court in order to enable the Union of India to clarify whether any President has been appointed of the Customs, Excise and Services Tax Appellate Tribunal (CESTAT) and if not, what steps had been taken to make such appointment. 6.Although several months have passed, admittedly, no President of the Tribunal has been appointed till today. 7.....

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....ec.129(5) of the Customs Act, 1962 delegated his power and functions qua President in his absence, whether on leave or otherwise to the senior most Vice-President to perform such of the functions of the President as might be necessary for the efficient functioning of the Tribunal. Therefore until the President is appointed it would be open to the Senior Vice-President to discharge the functions of....