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2017 (10) TMI 466 - AT - CustomsContinuation of ADD - Maintainability of appeal - order from Department of Revenue is missing - Held that: - admittedly, in these 2 appeals before us, there are no orders by the Department of Revenue regarding imposition of Anti-Dumping Duty on the subject goods. In fact, the present appeals are only against the recommendations made by the DA - similar appeals came up before the Tribunal, where there was no order by the Department of Revenue, Ministry of Finance to impose any ADD on goods in terms of Section 9 in the case of Panasonic Energy India Co. Ltd. & Others [2017 (9) TMI 63 - CESTAT NEW DELHI], where it was held that there is no determination of ADD levy by notification as published in the official gazette by the Central Government under Rule 18 and, as such, the appeals under Section 9C in the present case are not maintainable. In the absence of any order or Notification issued by the Department of Revenue in terms of Customs Tariff Act or the Anti-Dumping Rules, 1995, no appeal lies with the Tribunal - appeal are not maintainable and are dismissed.
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