2009 (4) TMI 764 - AT - Central Excise

Summary

Issues: Stay application for interim relief in appeal regarding modification of final finding of Designated Authority, non-injurious price, injury margin, and corresponding anti-dumping duties.

In this judgment by the Appellate Tribunal CESTAT NEW DELHI, the stay application for interim relief in an appeal was considered. The applicant sought relief in the form of modifying the final finding of the Designated Authority dated 26th December 2007, along with other reliefs related to non-injurious price, injury margin, and corresponding anti-dumping duties. The learned Advocate for the applicant referred to various legal precedents and provisions of law, emphasizing the need for early disposal of the appeal in the interest of justice and revenue. Both parties requested expedited resolution of the appeal. The Tribunal acknowledged the urgency of deciding the matter promptly to prevent hardship to affected parties and ensure revenue interests. Consequently, the appeals were scheduled for final hearing on 13-7-2009 on a day-to-day basis. The Tribunal clarified that all impugned imports would be subject to the final outcome of the appeals, following a directive from the High Court of Delhi.

Furthermore, the Tribunal expressed displeasure over the absence of respondent No. 1, Union of India, Ministry of Finance, Department of Revenue, during the proceedings, highlighting a lack of cooperation from the revenue department. The Tribunal emphasized the importance of providing necessary assistance in such matters and urged for improved cooperation in the future. A directive was issued for the Registrar of the Tribunal to send a copy of this order to the office of the Attorney General, Secretary of Finance, and the Revenue. Finally, all connected matters were instructed to be fixed for final hearing on 13-7-2009, ensuring a comprehensive and expedited resolution of the issues at hand.