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2005 (2) TMI 133 - SC - CustomsAnti-dumping - Alternative remedy - Appointment of president for disposal of appeal - Held that - President of the Tribunal is expressedly authorised to delegate his functions under the Act to the Vice-President of the Appellate Tribunal. By Notification dated 16-7-1999 the then President of the Tribunal then known as the Customs Excise and Gold (Control) Appellate Tribunal in exercise of the powers conferred by Sec.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 the President - Matter remitted to CESTAT - Decided in favour of assessee.
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