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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Indian Paint Association – Appellant
Versus
Union of India – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The present writ petition has been filed, inter alia, challenging the disclosure statement dated 29th January, 2025, and the final findings dated 12th February, 2025 passed by the respondent no.2, being the designated authority, within the meaning of the CUSTOMS TARIFF ACT , 1975, and Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the “said Act” and “said Rules” respectively), on the ground of procedural irregularity, in relation to the non-disclosure of the summary of confidential information in non-confidential form, including but not limited to the non-compliance of the said Rules.
2. Although, the respondent nos. 2 to 5 have questioned the maintainability of the writ petition largely on the ground of presence of alternative remedy in the form of an appeal before the Customs, Excise and Service Tax Appellate Tribunal constituted under Section 129 of the Customs Act, 1962 (hereinafter referred to as the “appellate tribunal” or “appellate authority” or “CESTAT”), however, since, by an affidavit the petitioner contends that
The lack of disclosure regarding confidential information in anti-dumping investigations violates the principles of natural justice, necessitating scrutiny by the judiciary despite alternative remedi....
The court ruled that the Designated Authority cannot claim confidentiality over its findings derived from information supplied by parties, emphasizing the importance of transparency in quasi-judicial....
Territorial jurisdiction under Article 226 requires a part of the cause of action to arise within the jurisdiction; mere apprehension of harm does not suffice.
The apprehension of business harm does not establish territorial jurisdiction for a writ petition; actual adverse impacts must be connected to the legal grounds of the claim.
Natural justice requires that decision-makers provide sufficient reasoning and disclose essential facts to affected parties.
The court ruled that anti-dumping duties were improperly imposed due to reliance on internal sales prices between related parties, violating statutory and international law requirements.
The classification of a company as 'non-cooperative' in Anti-Dumping investigations requires adherence to procedural fairness, with careful consideration of all relevant information before imposing d....
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