S.RAVINDRA BHAT, VIBHU BAKHRU
Kumho Petrochemicals Co. Ltd. – Appellant
Versus
Union of India – Respondent
Ravindra Bhat, J.
% C.M. NO. 3867/2014 (for exemption) IN W.P.(C) 1851/2014
C.M. NO. 3887/2014 (for exemption) IN W.P.(C) 1866/2014
Allowed, subject to all just exceptions.
W.P.(C) 1851/2014, C.M. NO. 3866/2014
W.P.(C) 1866/2014, C.M. NO. 3886/2014
1. This judgment is in respect of writ petitions W.P.(C) 1851/14 and 1866/14. The petitioners calls into question the legality of the Central Government's decision initiating anti-dumping duty extension proceedings under Section 9A of the Customs Tariff Act, 1975 (“CTA”) as well as the validity of notification No. 06/2014-Customs (ADD) by which anti-dumping duty was levied on Acrylonitrile Butadiene Rubber ("the product"), originating in, or exported from Korea RP. The said notification sought to amend a previous one, dated 2nd January 2009 (hereafter "the original notification") by which such anti-dumping duty was levied for five years.
2. The brief facts are that the Central Government, in terms of provisions of the CTA, held inquiry in accordance with Rules framed under that enactment; pursuant to the report furnished by the Designated Authority, the Central Government imposed anti-dumping duty on the product, by notificatio
Jindal Oil Mill & Ors vs Godhra Electricity Co. Ltd AIR 1969 SC 1225.
Automotive Tyre Manufacturers v Designated Authority (2011) 2 SCC 258
(Ram Narain Sons P. Ltd v Asst Commissioner of Sales Tax 1955 (6) STC 627 (SC)
Binani Industries v Commissioner of Commercial Taxes (2007) 6 VST 783
Calcutta Tramways Co. Ltd. v. Corporation of Calcutta (AIR 1965 SC 1728);
A.N. Sehgal and Ors. v. Raje Ram Sheoram and Ors. (AIR 1991 SC 1406)
Tribhovandas Haribhai Tamboli v. Gujarat Revenue Tribunal and Ors. (AIR 1991 SC 1538)
Kerala State Housing Board and Ors. v. Ramapriya Hotels (P)Ltd. and Ors. (1994 (5) SCC 672)
Reliance Industries v Designated Authority 2006 (10) SCC 368)
(Rao Shiv Bahadur Singh v. State of V.P. AIR 1954 SC 322;
State of U.P. v. Singhara Singh AIR 1964 SC 358 ;
Shin-Etsu Chemical Co. Ltd. vs. Aksh Optifibre Ltd. & Anr. reported in (2005) 7 SCC 234).
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