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2014 Supreme(Del) 1676

S.RAVINDRA BHAT, VIBHU BAKHRU
Kumho Petrochemicals Co. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
V. Lakshmikumaran, S. Seetharaman, Atul Gupta, N. Lakshmi, Aditya Bhattacharya, Himanshu Bajaj, Central Govt. Standing Counsel, M.P. Singh, with J. Gupta, Director, Shakshi Aggarwal, Sandeep Sethi, Sr. Advocate with Rajesh Sharma, Shakshi Aggarwal, Rajiv Bansal, Advocates.

Judgment :

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
































































































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