2022 (2) TMI 1241 - AT - Customs

Tribunal grants condonation for appeal delay due to writ petition withdrawal.

PT South Pacific Viscose Versus Union of India, The Designated Authority Directorate General of Anti-Dumping & Allied Duties, Association of Man Made Fibre Industry of India, Tangshan Sanyou Group Hong Kong International Trade Co. Ltd., China PR And Ors.

PT South Pacific Viscose Versus Union of India, The Designated Authority Directorate General of Anti-Dumping & Allied Duties, Association of Man Made ... Issues:Challenge to anti-dumping duty extension notification; Delay in filing appeal before Tribunal; Condoning delay application.Analysis:The appeal was filed before the Tribunal to challenge the Notification extending anti-dumping duty for five years. The appellant had initially filed a writ petition before the Madras High Court but withdrew it to pursue appeal before the Tribunal. The High Court granted liberty to avail the alternative remedy and excluded the period from the date of filing the writ petition to the date of obtaining certified copy for limitation purposes. The appeal was filed within two days of obtaining the certified copy, with a delay of 24 days due to the pendency of the writ petition.The appellant provided reasons for the delay in filing the writ petition, citing the need for substantial time to draft it, calculate dumping margins, and address confidentiality issues. The Domestic Industry and other respondents opposed condoning the delay, arguing that only the period during the writ petition's pendency should be excluded. However, the Tribunal found the reasons in the application satisfactory and allowed the condonation of delay, stating that the appellant was prevented by sufficient cause from filing the appeal within the stipulated period. Consequently, the delay was condoned, and a regular number was allotted to the appeal.