2010 (10) TMI 1048 - HC - Customs

Summary

Issues involved: Petition seeking quashing of findings by Directorate General of Anti-Dumping & Allied Duties u/s Customs Tariff Act, 1975 and Customs Tariff Rules, 1995. Central Government's failure to consider petitioner's viewpoint.

Judgment Summary:

Issue 1: Quashing of Findings by Directorate General
The petition sought to quash the findings dated 24.11.2009 by the designated authority under the Customs Tariff Act, 1975 and Customs Tariff Rules, 1995. The petitioner's earlier plea regarding deficiency in investigation and failure to consider their viewpoint was noted in a previous order. The Central Government had not yet addressed the petitioner's concerns despite observations by the Court. The Central Government mentioned that the petitioner had filed for a mid-term review under Rule 23 of the Rules, which was under consideration. The respondents' counsel proposed that the petitioner be given a hearing on all relevant issues, including those raised in the writ petition, for a decision by the designated authority. The Court directed for expedited proceedings to be concluded within six months, without delving into the raised issues at the current stage. Ultimately, the petition was disposed of.

Issue 2: Central Government's Failure to Consider Petitioner's Viewpoint
The petitioner's contention that the Central Government had not examined their viewpoint despite Court observations was highlighted. The Central Government's response indicated that the petitioner had applied for a mid-term review under Rule 23 of the Rules, which was under review. The respondents' counsel suggested that the petitioner be granted a hearing on all relevant issues, including those raised in the writ petition, for a decision by the designated authority. The Court directed for expeditious proceedings to be completed within six months, refraining from addressing the specific issues raised in the writ petition. Ultimately, the petition was disposed of.