2017 (9) TMI 1681 - AT - Customs

Levy of anti dumping duty - effective date - Ascertainment of date on which the Public Notice in Gazette was made available to the Public - Held that - Unless the levy sees the light of the day through the gazette made available to public, no levy can be imposed. According to appellant RTI exercise shows that the decision of Government was in public domain on 25/10/2008 while anti dumping duty has been levied on 20/10/2005. The controversy as above is to be resolved by factual enquiry by learned adjudicating authority from the Government press from where gazette of India is published. Enquiry result is to be confronted to the appellant and recording pleadings and evidence of appellant appropriate decision shall be taken by the learned adjudicating authority following the ratio laid down by the apex Court in the Jindal Industries v. Union of India 2002 (5) TMI 63 - HIGH COURT OF DELHI . The matter is remanded to the learned adjudicating authority.

Summary

The Appellate Tribunal CESTAT Mumbai remanded the matter to the adjudicating authority for factual enquiry regarding the date of public notice in the Gazette and imposition of anti-dumping duty. The decision was based on the appellant's RTI exercise showing discrepancy in dates.