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TMI Blog2023 (6) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... I ] as have been raised in the present appeal, it would not be necessary to decide the application or the appeal because relief, if any, granted to M/s. Mahle Anand Thermal Systems Private Limited would also enure to the benefit of the appellant - it was held in the said case that It is not possible to hold that clad with compatible non-clad aluminium foil should not be excluded from the scope of product under consideration as has been contended by learned counsel for some of the respondents for the reason that the imported article is a like article under investigation or that Hindalco has the capability and has produced and sold clad with compatible non-clad aluminium foil - clad with compatible non-clad aluminium foil has to be exclude ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh Sharma, Ms. Rupali Sharma, Shri Nikhil Sharma, Advocates for the Appellant Shri S. Seetharaman, Shri Darpan Bhuyan, Advocates, Ms. Reena Asthana Khair, Ms. Shreya Dahiya, Advocates for Respondent Ms. Bhawna, Advocate for Designated Authority Shri Viswajeet Saharan, Authorized Representative for the Central Government ORDER JUSTICE DILIP GUPTA: Banco Products (India) Pvt. Ltd., the appellant has filed this appeal with a prayer that the final findings dated 07.09.2021 of the designated authority be modified so as to exclude the product colour coated aluminium coils from imposition of anti-dumping duty. The second relief that has been claimed is to also modify the consequential Customs Notification 06.12.2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent their submissions orally in the hearing conducted on 25.05.2021 and the interested parties who presented their views were advised to file written submissions of the views expressed orally by them. The interested parties were also provided an opportunity to file rejoinder submissions to the views expressed by the opposing interested parties. A disclosure statement containing the essential facts which would form the basis for the final findings was issued to the interested parties on 26.08.2021 and the interested parties were allowed time upto 02.09.2021 to give their comments. The final findings of designated authority were notified on 07.09.2021. The conclusion and the recommendation made by the designated authority in the final finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndustry has suffered financial losses, cash losses and negative return on investments in the period of investigation. c) The material injury suffered by the domestic industry has been caused by the dumped imports. M. RECOMMENDATION 128. The Authority notes that the investigation was initiated and notified to all the interested parties and adequate opportunity was given to the domestic industry, the exporters, the importers and the other interested parties to provide information on the aspects of the dumping, the injury and the causal link. Having initiated and conducted the investigation into dumping, injury and causal link in terms of the provisions laid down under the Rules, the Authority is of the view that imposition of anti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... designated authority. 5. The appellant, therefore, filed Miscellaneous Application No. 50681 of 2022 with a prayer that permission may be granted to file additional documents. It has also been stated that a similar issue has also been raised in Anti-Dumping Appeal No. 51485 of 2022 filed by M/s. Mahle Anand Thermal Systems Private Limited vs. Union of India and others. 6. Learned counsel for the applicant/appellant, however, fairly stated that since Anti-Dumping Appeal No. 51485 of 2022 filed by M/s. Mahle Anand Thermal Systems Private Limited raises the same issues as have been raised in the present appeal, it would not be necessary to decide the application or the appeal because relief, if any, granted to M/s. Mahle Anand T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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