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2018 (12) TMI 959

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..... As the issue relates to rate of duty by virtue of Section 9A(8) of the Tariff Act read with Section 130 of the Act, the appellant-Revenue would have to approach the Hon'ble Supreme Court in terms of Section 130 E of the Act - appeal disposed off. - CUSTOMS APPEAL NO. 63 OF 2018 - - - Dated:- 12-12-2018 - AKIL KURESHI M.S. SANKLECHA, JJ. Mr. Pradeep S. Jetly a/w Mr. J.B. Mishra for the .....

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..... 0/2004 Cus dated 28.9.2004, the Sunset Review initiated by the DG AD, continued Anti-dumping duty on import of SBR 1900 from Korea R.P.? (d) Whether the Tribunal has erred in setting aside the demand of anti-dumping duty on SBR 1900 series classified under Chapter 40, confirmed by the adjudicating authority? 3. From the questions as framed, the issue in this appeal relates to rate of anti .....

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..... It appears to us that this is a classic case of rate of duty and by virtue of exclusion provided in Section 130 of the Act, this Court would not have jurisdiction to entertain such appeal. Therefore, we put this to Mr. Jetly, the learned counsel for the Revenue. 6. Mr. Jetly, the learned counsel in support of the appeal, pointed out that this appeal should be entertained. This as the only relie .....

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