2016 (11) TMI 88

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..... from Sinorgchem and after for construction of normal value based on the international price of 4 ADPA which is a main raw material for 6 PPD. The Tribunal upheld the rejection of 4 ADPA price from China and arriving of normal value based on international price of 4 ADPA. Hence, the issue relating to methodology adopted by the DA in constructing the normal value for the appellants has reached finality. The conclusion of the Tribunal has not been challenged before any higher judicial forum. On the second issue, the Tribunal observed that the DA should have made adequate disclosure and call for information/comments from the interested parties regarding evidence of international price of 4 ADPA. For this limited purpose, the matter was reman .....

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..... a second round of litigation. 2. Before going into merits of the case, we noticed that there is a delay of more than three months in filing these appeals. Application for condonation of delay has been filed. The learned Counsel for the appellants submitted that after issue of the impugned Customs Notification, the appellant challenged the same before the Hon'ble Supreme Court by filing SLP No. 12596-12598 of 2016, on various grounds. The Hon'ble Supreme Court vide order dated 29/7/2016 while dismissing the SLPs gave the liberty to the appellants to file appeal before the Appropriate Authority within two weeks. Accordingly, they filed these appeals before the Tribunal. Having considered the above submissions, we condone the delay .....

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..... in law. The said findings cannot be allowed to continue by a post-decision hearing in terms of the Tribunal's remand order dated 26/12/14. In other words, it is the plea of the appellants that the original finding cannot be cured and sustained in the remand proceedings on merit. The learned Counsel admitted that the directions of the Tribunal regarding disclosure of information to affected parties and post-decisional hearing has been complied with by the DA. The present appeal is not on that issue. The present appeal is on the validity of the finding regarding construction of cost of production of 6 PPD. 5. The learned Counsels for the Domestic Industry and the DA strongly opposed the appeal on the ground that the remand directions .....

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