2005 (8) TMI 726 - HC - Customs

Summary

Issues:
1. Continuance of anti-dumping duties
2. Gazetted Notification by the Ministry of Finance
3. Appeal process before Customs Excise and Service Tax Appellate Tribunal (CESTAT)
4. Stay of Notification pending appeal

Analysis:
1. The judgment addresses the issue of the continuance of anti-dumping duties. The court noted that a prima facie case had been made out for the continuance of these duties. The proceedings were spread over multiple dates for detailed hearings, during which it was observed that the Ministry of Finance, though not a party to the proceedings, had gazetted a Notification. The court emphasized the principle that a person is entitled to protection from the moment they enter the court's portals. Conditional on the petitioner filing an appeal before CESTAT within fifteen days, the Notification dated 19.7.2005 would remain stayed until the Tribunal schedules a public hearing.

2. The judgment delves into the aspect of the Gazetted Notification by the Ministry of Finance. It was highlighted that the Ministry's actions were not under the Union of India, which was duly represented in the proceedings. The court directed that the Notification be held in abeyance for a short period to maintain status quo until the matter is taken up before CESTAT. The court emphasized the need for protection for the petitioner from the moment they entered the court.

3. The judgment discusses the appeal process before CESTAT. It was mandated that the petitioner file its appeal within fifteen days from the date of the judgment. The court directed that the appeal be listed before the Tribunal in the month of August to prevent delays that could potentially occur in the CESTAT office. The judgment ensured that the rights of the parties to challenge the order were preserved.

4. Lastly, the judgment addresses the stay of the Notification pending appeal. It was ruled that the Notification dated 19.7.2005 would remain stayed until the Tribunal fixed the matter for public hearing. The court disposed of the writ petition in these terms, ensuring that the petitioner's rights were protected throughout the process.