TMI Blog2010 (8) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to remain. Hence, the same is set aside. - Matter remanded for de novo decision. - 14 of 2009 - - - Dated:- 11-8-2010 - Sengupta and Kanchan Chakraborty, JJ. REPRESENTED BY : Shri Banerjee, Sr. Counsel, for the Appellant. Shri Hazra, Counsel, for the Respondent. [Order]. The Court : This appeal is against the judgment and order of the learned Tribunal (Customs, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment and order prima facie. Now after hearing Mr. Banerjee, learned senior Counsel appearing for the appellant and minutely going through the judgment and order, it appears to us that the learned Tribunal has not decided anything else. In this matter as we understand from Mr. Banerjee and as well as from the order of the commissioner which was impugned before the learned Tribunal unsuccessfully ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid points, as we have indicated inexhaustibly, were raised and nothing has been discussed and decided. This order cannot be allowed to remain. Hence, the same is set aside. We remand the matter for fresh hearing by an appropriate bench of the learned Tribunal in which the earlier vice-president will not be a party. All points are kept open and should be agitated afresh. 4. We make it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. However, liberty is given to the appellant to apply for extension of the interim order before the Tribunal which will consider the same in accordance with law. 6. The appeal is thus disposed of. 7. We put on record that we have not decided anything else on the point of limitation. 8. Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to complian ..... X X X X Extracts X X X X X X X X Extracts X X X X
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