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2009 (11) TMI 649 - HC - CustomsWrit - petitioner herein was assessed provisionally on the basis of the investigation done by the designated authority with reference to levy of anti-dumpting duty - petitioner pointed out that when the order had already been made by the Co-ordinate Bench on an identical circumstance, the first respondent should give exemption of duty and take up the appeal on merit - Held that:- mere fact that the Tribunal has not accepted the plea of the petitioner as regards binding character of the Co-ordinate Bench does not mean that the Tribunal had not considered the said contention. While there can be no two opinion as to the binding character of the decision of a Co-ordinate Bench on a another Bench, on any particular issue, yet given the freedom to differ from a decision of Co-ordinate Bench and to refer the same decision to a Larger Bench, no fault can be found on discretion exercised by the Tribunal, writ petition is disposed of
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