KALYANI STEELS LTD Vs. SECRETARY REVENUE MINISTRY OF FINANCE GOVERNMENT OF INDIA
LAWS(DLH)-2007-12-50
HIGH COURT OF DELHI
Decided on December 03,2007

KALYANI STEELS LTD. THR. ITS COMPANY SECRETARY Appellant
VERSUS
SECRETARY, REVENUE THE MINISTRY OF FINANCE GOVERNMENT OF INDIA Respondents

JUDGEMENT

- (1.) IN a writ petition filed under Article 226 of the Constitution, the petitioner has prayed for an appropriate writ to the Central Government not to withdraw the anti-dumping duty imposed by Notification No. 65/2001-Cus dated 25th June, 2001.
(2.) IT may be mentioned that the anti-dumping duty was provisionally imposed by Notification No. 151/2000-Cus dated 26th December, 2000 till 25th June, 2001. Thereafter, it was extended by the Notification dated 25th june, 2001 and was to remain in force for 5 years with effect from 26th december, 2000. However, it was prematurely withdrawn by Notification no. 69/2005-Cus dated 19th July, 2005. That is why the Petitioner is aggrieved.
(3.) THE withdrawal Notification dated 19th July, 2005 was challenged by the Petitioner before the Customs, Excise and Service Tax Appellate tribunal (for short the Tribunal) and in its decision dated 2nd August, 2006 the Tribunal set aside the impugned Notification but declined to extend the imposition of anti-dumping duty beyond the initial period of 5 years. Therefore, the prayer of the Petitioner before us is that effectively we should continue the anti-dumping duty imposed by the Central Government by the notification dated 26th December, 2000 read with the Notification dated 25th June, 2001 beyond the original period of 5 years.;


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