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Case Law Details

Case Name : Apcotex Industries Limited Vs Union of India (CESTAT Delhi)
Appeal Number : Anti Dumping Appeal No. 51491 Of 2021
Date of Judgement/Order : 30/08/2022
Related Assessment Year :
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Apcotex Industries Limited Vs Union of India (CESTAT Delhi)

Conclusion- Where the Central Government formed a prima facie opinion that the final findings of the designated authority recommending imposition of anti-dumping duty were not required to be accepted then tentative reasons had to be recorded and conveyed to the domestic industry so as to give an opportunity to the domestic industry to submit a representation by following the principles of natural justice.

Held – In the present case, it was not in dispute that the final findings of the designed authority were published on 12.05.2021. In all the appeals except twelve appeals, an office memorandum was issued by the notifying that the Central Government, after examining the recommendation, had decided not to impose anti-dumping duty. In twelve app, assessee had stated that such an office memorandum was not issued.The issue that arose for consideration was whether a presumption could be drawn that the Central Government had taken a decision not to impose anti-dumping duty as a decision was not taken within three months by the Central Government from the date of publication of the final findings by the designated authority. On a consideration of the provisions of the Tariff Act and the 1995 Anti-Dumping Rules, it was clear that a presumption could safely to be drawn that the Central Government by keeping silent for a long period of time should be deemed to have taken a decision not to impose anti-dumping duty and such cases would also fall in the category of those cases where an office memorandum had actually been issued conveying the decision of the Central Government not to impose anti-dumping duty. The inevitable conclusion, therefore, that followed from the aforesaid discussion was that the decision taken by the Central Government not to impose anti-dumping duty despite a recommendation having been made by the designated authority for imposition of anti-dumping duty, could not be sustained and the matter would have to be remitted to the Central Government for taking a fresh decision on the recommendation made by the designated authority. The matter was remitted to the Central Government to reconsider the recommendation made by the designated authority in the light of the observations made above.

FULL TEXT OF THE CESTAT DELHI ORDER

All these appeals have been filed by the domestic industry raising a concern that despite recommendations made by the designated  of 2021, 51926 of 2021, 52100 of 2021, 52101 of 2021, 50017 of 2022, 50060 of 2022 and 50271 of 2022.

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