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2018 (9) TMI 202 - HC - CustomsJurisdiction - power to issue SCN - validity of remand order - Held that:- The order of remand passed by the Tribunal was not required, as the issue involved is pending consideration before Hon'ble the Supreme Court against the views expressed by the Delhi High Court in Mangali Impex Limited Vs. Union of India [2016 (5) TMI 225 - DELHI HIGH COURT] - Once the legal issue, which is subject matter of appeal before the Tribunal, is pending consideration before Hon'ble the Supreme Court, the Tribunal itself should have decided the cases on merits after the decision of Hon'ble the Supreme Court instead of remanding those cases back to the Adjudicating Authority - The process adopted by the Tribunal apparently is to dispose of the cases pending before it without application of mind. The matter is remitted back to the Tribunal to be decided on merits after decision of Hon'ble the Supreme Court in Mangali Impex Limited's case - appeal allowed by way of remand.
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