TMI Blog2017 (1) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... designated authority was to provide meaningful redress by a competent appellate body. The order impugned is not only cryptic but mistaken in its assumption that the pending writ petitions (of others) can provide adequate redress to the petitioner-an entirely erroneous assumption, because those writ petitions are merely pending and depend upon exercise of discretion. The availability of an appellate remedy in this case, is conferment of a right to approach the higher forum for correction, on facts and law, whereas exercise of judicial review is within a restricted canvas. The CESTAT has in essence, treated an appellate remedy (otherwise a compulsive jurisdiction) to be alternative and discretionary, robbing it of substantial content. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d authority) with respect to injury as a result of dumping of the concerned goods, by foreign suppliers/manufacturers. On 07.04.2015 Customs Notification No. 09/2015-Customs (ADD) was issued, imposing the duty recommended. These findings and notification led to institution of two sets of writ petitions by the third and fourth respondents: W.P.(C) Nos. 2309/2015 and 2313/2015 on the one hand, and W.P.(C) Nos. 3764/2015 and 3726/2015, on the other. The first set of writ petitions challenged the findings; the second set challenged the antidumping duty levy. Those writ petitions are pending on the file of this court. 5. The petitioner claims to have been partly aggrieved by the final findings and the notification. It, therefore, pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the controversy and submit that since the right to appeal is a creature of statute and access to appeal is a matter of right and not dependent upon exercise of discretion, the CESTAT should have heard and disposed of the appeal on the merits. 8. It is axiomatic that every order of a judicial or quasi-judicial authority who is responsible for deciding disputes concerning citizens as well as myriad body of litigants before it, should indicate the reasons which impelled the decision maker (judicial authority, judge, etc) to hold what it did. Courts rigorously enforce as an attendant value to the rule of law minimum standards of fairness of procedure (adequate notice, fair opportunity of hearing, a decision on the merits, by an unbi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. e. Reasons reassure that discretion has been exercised by the decision maker on relevant grounds and by disregarding extraneous considerations. f. Reasons have virtually become as indispensable a component of a decision making process as observing principles of natural justice by judicial, quasi-judicial and even by administrative bodies. g. Reasons facilitate the process of judicial review by superior Courts. h. The ongoing judicial trend in all countries committed to rule of law and constitutional governance is in favour of reasoned decisions based on relevant facts. This is virtually the life blood of judicial decision making justifying the principle that reason is the soul of justice. i. Judicia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cle shall lie to the Customs, Excise and Service tax Appellate Tribunal constituted under section 129 of the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Appellate Tribunal). (2) Every appeal under this section shall be filed within ninety days of the date of order under appeal: Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order appealed against. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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