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Withdrawal of Anti-Dumping Duty - Designated Authority has no power to give retrospective relief

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..... M/s. Sanjay Chemicals Versus Designated Authority, Directorate General of Anti-Dumping and Allied Duties Ministry of Finance and others - 2016 (9) TMI 1123 - CESTAT NEW DELHI The Anti-Dumping duty was imposed on imports of Sodium Tripoly Phospate (STPP) originated in or exported from China PR vide Customs Notification No. 58/2011-Cus dated 8.7.2011 Thereafter, on 21.7.2011 a request came from I .....

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..... P by M/s. Tata Chemicals Ltd. and M/s. Rhodia Specialty Chemicals India Ltd. and there being no other known manufacturer for the said goods, there was no justification for continuation of the Anti-Dumping duty. Accordingly, vide his Final Finding dated 10.2.2012, he recommended withdrawal of Anti-Dumping duty, which was originally recommended by the Designated Authority vide earlier Final Finding .....

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..... has observed that had the Indian manufacturers informed the Designated Authority during the period of first investigations, the investigation might have been discontinued. Tribunal observed that:- Based upon mid term review, the Designated Authority could not have upset, its own Final Finding recorded in original investigation, inasmuch as having not put to challenge the same had attained final .....

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