9911796707
TMI Blog2023 (5) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... hat was earlier assailed before this Tribunal, heard by it and disposed of by way of allowing the appeal vide detail order passed in order No. A/86331- 86332/2018 on dated 11.05.2018. One addendum/corrigendum issued on a subsequent date on 26.06.2008 by the Commissioner (Import) confirming imposition of Antidumping duty of Rs.73,49,724/- and appropriating the same amount is also assailed in this fresh appeal. 2. Bereft of unnecessary detail what is required to be placed on record is that certain imports of glazed /polished porcelain tiles were made by the Appellant in 2008 and two bills of entries were filed on 04.03.2008. Investigation was conducted on the basis of intelligence gathered concerning country of origin of the product an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber was originally put in the adjudication order, copy of which is also annexed by him in his additional submissions but he strongly pleaded that notice from the Tribunal was issued with appeal No. 47/2008 to which Respondent-Department contested and the order was also issued by this Tribunal against the said Order-in- Original dated 25.04.2008 with appeal No. as 47/2008. He also argued with affirmation that no addendum/corrigendum was ever issued to them for which he had to approach the CPIO through RTI application and ultimately received the copy on 26.11.2019 with order No. 25/2008. 4. Learned Authorised Representative Mr. Ram Kumar countered the submissions by stating that since no appeal order was available against Order-in-Original N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in many other decisions, that the court becomes functus officio the movement an official order disposing of case is signed and such an order cannot be altered except to the extent of correcting a clerical or grammatical error while a Quasi-Judicial Authority will become functus officio only when its order is pronounced, or published/notified or communicated (put in the course of transmission) to the party concerned. We are, therefore, of the view that such invalid order passed subsequent to the order signed, pronounced and communicated has to be set aside and we do so. Needless to mention here that when this Tribunal had already given a finding that there was no substance in the allegation of the Revenue (Respondent) that goods were not ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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