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2012 (12) TMI 651 - SC - CustomsOrder of remand by the tribunal for de novo proceedings - whether in a remand order, an issue may be kept open or required to be concluded - held that:- since the Tribunal has remanded the matter for de-novo adjudication before the Adjudicating Authority, even the issue as to whether the First Secretary (Commerce) is a competent authority to furnish authentic trade information from ASEAN countries could have been kept open, so that the parties could have agitated this issue as well. Since that has not been done, we set aside that portion of the conclusion reached by the Tribunal and now direct the Adjudicating Authority to permit the Appellant to raise the aforesaid issue and after adjudication, pass a speaking order on the same.
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