Public availability of Gazette notice determines anti-dumping duty enforceability, requiring factual verification before fresh adjudication.

The validity and enforceability of an anti-dumping duty notification depended on whether the Gazette notice had entered the public domain only when it was made available to the public. That factual question required verification from the Government press where the Gazette of India is published. The matter was therefore remanded for enquiry into the date of public availability, with the result to be confronted to the assessee and its pleadings and evidence considered before a fresh decision.

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Issues: Whether the validity and enforceability of the anti-dumping duty notification required a factual enquiry into the date on which the Gazette notice was made available to the public.

Analysis: The dispute turned on whether the levy had entered the public domain only when the Gazette became available to the public, as claimed, and that question could not be decided without verification from the Government press where the Gazette of India is published. The matter therefore called for an enquiry on the date of public availability, with the result of that enquiry to be confronted to the assessee and its pleadings and evidence considered before a fresh decision.

Conclusion: The issue was not finally decided on merits and the matter was sent back for factual verification and fresh adjudication.

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