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TMI Blog2022 (11) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... nated Authority Shri Nagendra Yadav, Authorised Representative for the Government JUSTICE DILIP GUPTA: 1. The final findings dated October 19, 2020 of the Designated Authority as well as the Notification dated October 27, 2020 issued by the Central Government imposing antidumping duty has been assailed in this appeal that was filed on September 05, 2022. It is for this reason that this appeal is accompanied by an application for condoning the delay of 679 days in filing the appeal. 2. To appreciate the contentions advanced on behalf of the applicant, it would be appropriate to take notice of the essential facts. 3. The applicant/ appellant claims to be a manufacturer of Fluoroelastomers in India. Earlier, at the instance of the dome ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs dated October 19, 2020 of the Designated Authority and the Notification dated October 27, 2020 issued by the Central Government that this appeal was filed on September 05, 2022. The delay condonation application considers the present appeal to be a Supplementary Appeal presumably for the reason that an appeal had earlier been filed by the applicant in April, 2019 to assail the final findings of the Designated Authority and the Notification issued by the Central Government. Paragraphs 4, 5 and 6 of the application, which are relevant, are reproduced below: " 4. The Applicant submits that the present Anti Dumping Appeal filed on 05.09.2022 is a Supplementary Appeal directed against the impugned Final Findings dated 19.10.2020 passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (Department of Revenue) vide Notification No. 33/2020-Customs (ADD) dated 27.10.2020 and Notification No. 40/2020-Customs(ADD) dated 27.11.2020, extending the imposition of Anti-dumping duty on the imports of Fluoroelastomers, (FKM), originating in or exported from People's Republic of China. 6. Thus the present Supplementary Appeal was filed by the Applicant on 05.09.2022. There is thus a delay of 679 days in filing this Appeal. This Supplementary Appeal has been filed beyond the delay condoned by the Hon'ble Supreme Court i.e. on the 99th day. Applicant crave leave to rely and refer to the said judgment of the Hon'ble Supreme Court 10.01.2022 as and when called upon by this Hon'ble CESTAT to do so." (emphasis supplied) 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion deserves to be rejected as the delay of 99 days has not been satisfactorily explained. 10. Learned counsel for the designated authority has also contended that the delay condonation application should be rejected for the reason that the applicant was never interested in pursuing the matter since it did not even participate in the proceedings before the designated authority on both the occasions and this appeal has been filed without satisfactorily explaining the delay. 11. Ms. Reena Khair, learned counsel appearing for the domestic industry has also submitted that the delay condonation application should be rejected. Learned counsel pointed out that the applicant had been negligent throughout the proceedings as it did not even partici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 27, 2020 issued by the Central Government imposing anti-dumping duty since applicant has stated that it could not have filed an appeal during the COVID pandemic period. Order passed by the Supreme Court, at best, would mean that the period of limitation for filing the appeal so far as the appellant is concerned would commence from March 01, 2022. Yet the applicant did not avail of this opportunity to file the appeal within the next 90 days. 15. Paragraph 5 of the application merely states that as per the advice from the advocate who was consulted, immediate steps were taken by the applicant to file the appeal. The said paragraph does not even state as to when the applicant consulted the advocate and when the advice was given to file the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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