9911796707
TMI Blog2023 (3) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... Polymer. The learned CESTAT had faulted the petitioner for not participating in the proceedings for the sunset review. However, the petitioner had explained that he was not aggrieved by levy of Anti-Dumping Duty on the product Fluoroelastomers; the appellant s limited grievance was with regard to two chemicals, which were sought to be included within the net of Anti- Dumping Duty. It is considered apposite that the impugned order be set aside and the appellant s appeal be restored before the learned CESTAT for consideration on merits - appeal disposed off. - CUSAA 17/2023 - - - Dated:- 23-3-2023 - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MR. JUSTICE AMIT MAHAJAN For the Appellant Through: Mr. Venkita Subramoniam T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner s case that it had filed an appeal, challenging the final finding of Designated Authority dated 12.12.2018 and a subsequent notification issued by the Central Government dated 28.01.2019 to the extent that the aforesaid two compounds had not been excluded from the levy of Anti- Dumping Duty. 8. The said appeal (Anti-Dumping Appeal No. AD/50896/2019), is pending consideration before the learned CESTAT. 9. The notification dated 27.10.2020, merely extended the levy of Anti-Dumping Duty, which was partly impugned by the appellant in Appeal No. AD/50896/2019. 10. It is the petitioner s case that it had not raised any ground in the appeal other than what was already pending consideration before the learned CESTAT in Anti-Dumping ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lastomers; the appellant s limited grievance was with regard to two chemicals, which were sought to be included within the net of Anti- Dumping Duty. 15. In the given circumstances of the case, we consider it apposite that the impugned order be set aside and the appellant s appeal be restored before the learned CESTAT for consideration on merits. 16. Ms. Shiva Lakshmi, learned Counsel appearing for the respondent submits that since it is apparent that there has been a delay, the appellant must be put to certain terms and costs. 17. The contention advanced by Ms. Shiva Lakshmi commends to us and, therefore, the appeal would be restored before the learned CESTAT, subject to the appellant depositing a sum of ₹1,00,000/- with Res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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