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2008 (4) TMI 288

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..... South Africa was imposed by Notification No. 38/2002 which was issued on 12-2-2002 and was published in the Official Gazette only on 12-4-2002 – held that safeguard duty cannot be imposed in respect of import of Phenol made prior to 12-4-2002 - C/719/2005 - A/2372/2008-WZB/AHD - Dated:- 11-4-2008 - Ms. Archana Wadhwa, Member (J) and Shri B.S.V. Murthy, Member (T) Ms. M.I.J. Micheal, Jt. CD .....

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..... eld that the said Notification which was issued on 12-2-2002 and was published in the Official Gazette only on 12-4-2002 cannot be made applicable to a date prior to the date of publication in the Official Gazette. As such, safeguard duty cannot be imposed in respect of import of Phenol made prior to 12-4-2002. For the above proposition he relied upon the last paragraph of Notification mentioning .....

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