Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Tariff (Identification Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for C Determination of Injury) Rules 1995 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Customs Tariff Act, 1975 (51 of 1975) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 Referred Case 31 Referred Case 32 Referred Case 33 Referred Case 34 Referred Case 35 Referred Case 36 Referred Case 37 Referred Case 38 Referred Case 39 Referred Case 40 Referred Case 41 Referred Case 42 Referred Case 43 Referred Case 44 Referred Case 45 Referred Case 46 Referred Case 47 Referred Case 48 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995: Rules 4, 5, 6, 10 11 and 17 r/w s. 9 of Tariff Act - Investigation and findings by Designated Authority as to existence, degree and extent of alleged dumping, determination of normal value, export price and margin of dumping and determination of injury -HELD : DA performs quasi-judicial functions under the Tariff Act read with Rules and is bound to act judicially -While determining the existence, degree and effect of the alleged dumping the DA determines a 'lis' between the persons supporting the levy of duty and those opposing the said levy -Customs Tariff Act, 1975 -s.9-C.Rules 4, 5, 6, 10, 11 and 17 - Investigation as to existence, degree and extent of alleged dumping and final finding thereon - Opportunity of oral hearing - HELD: In view of the elaborate procedure prescribed in r. 6 which the DA is obliged to adhere to, while conducting the investigation, duty to follow the principles of natural justice is implicit in the existence of power conferred on him 'under the Rules - The procedure prescribed in the Rules imposes a duty on DA to afford to all the parties, who have filed objection and adduced evidence, a personal hearing before taking a final decision in the matter - Even written arguments are no substitute for an oral hearing - In the instant case, the entire matter had been collected by the predecessor of the DA, but the final findings in the form of an order were recorded by the successor DA who had no occasion to hear the appellants - The final order of the new DA offends the basic principle of natural justice and, as such, is quashed - Consequently, the decision of the Tribunal is set aside and the notification dated 27.4.2006 is quashed - Administrative Law - Principles of natural justice - Oral hearing - Doctrines - Audi alteram partem.Customs Tariff Act, 1975:s.9-A - Anti dumping duty - Refund of- HELD: In view of the fact that importers and its constituent members have passed on the burden of levy on third persons, they cannot claim refund of the anti-dumping duty levied - Doctrine of unjust enrichment is attracted - Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995.Words and Phrases:"Natural justice" - Connotation of. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2011 INSC 22 |
Petitioner | Automotive Tyre Manufacturers Association |
Respondent | The Designated Authority & Ors |
SCR | [2011] 1 S.C.R. 198 |
Judgement Date | 2011-01-07 |
Case Number | 949 |
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