Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Tariff Act Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules 1995 Anti-dumping duty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Companies Act, 1956 (1 of 1956) Customs Tariff Act, 1975 (51 of 1975) Customs Act, 1962 (52 of 1962) Central Excise Act, 1944 (1 of 1944) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Tariff Act, 1995 - s. 9A - Anti-dumping duty on dumped articles - Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - r. 5 - Petition before the Designated Authority (DA) on behalf of domestic industry - Allegation that dumping of caustic soda originated in and exported from People's Republic of China and Korea - Anti-dumping investigation - Preliminary finding that caustic soda had been dumped into India except from one exporter from Korea, HCC at less than its normal value - Issuance of Notification imposing preliminary anti-dumping duty - Appeal before tribunal challenging determination of DA on anti-dumping duty and imposition of anti-dumping duty - Tribunal holding that in HCC's case cost was correctly determined by DA taking chlorine as a co-product and separating its manufacturing cost during the process of manufacture of caustic soda at the stage of separation of chlorine and caustic soda on the basis of value of production and the same principle should have been adopted by DA in the case of domestic industry - On appeal, held: Tribunal has the jurisdiction to appreciate the evidence in entirety and arrive at a conclusion and that having not been done and the entire judgment having been based on the application of HCC's case and price rise in the price of chlorine, order passed by the tribunal set aside - Tribunal directed to decide the matter afresh. Allowing the appeals. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1162 |
Petitioner | M/s. Alkali Manufacturers Assn. Of India |
Respondent | Designated Authority, D.a.d.a.s. & Ors. |
SCR | [2016] 1 S.C.R. 117 |
Judgement Date | 2016-01-07 |
Case Number | 2242 |
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