2019 (6) TMI 489 - HC - Customs

Extension of Anti-Dumping Duty for Paracetamol Ordered by Gujarat High Court

FARMSON PHARMACEUTICALS GUJARAT PVT. LTD. Versus UNION OF INDIA

FARMSON PHARMACEUTICALS GUJARAT PVT. LTD. Versus UNION OF INDIA - TMI Issues: Extension of anti-dumping duty for a further period, urgency due to impending expiry of notification, compliance with final disposal notice, service of reply in soft copy, direction for extending anti-dumping duty, peremptory hearing date, service of order for compliance.In this judgment by the Gujarat High Court, the primary issue revolved around the extension of the anti-dumping duty for a further period due to the impending expiry of a notification. The petitioner's counsel highlighted the urgency of the matter, emphasizing the need for an interim direction to extend the duty to avoid an irretrievable situation. The Court acknowledged the urgency, noting that the notification was set to expire soon and that the matter had been adjourned previously. Consequently, the Court directed respondent No.1 to extend the anti-dumping duty mentioned in the notification for the product paracetamol until 24.6.2019 to allow completion of pleadings, setting a peremptory hearing date on 12.6.2019 for further proceedings.Another issue addressed in the judgment was the compliance with the final disposal notice issued earlier in the case. The Court observed that the notice for final disposal had been issued on 13.3.2019, with a returnable date of 27.3.2019. However, due to the urgency of the matter and the impending expiry of the notification, the Court had to consider the necessity of extending the anti-dumping duty to prevent any infractions. The Court emphasized the importance of completing the pleading process before the expiry of the notification to ensure a fair hearing of the case.Furthermore, the judgment touched upon the service of the reply in soft copy by respondent No.2, which posed a challenge in placing it on record. The Court took note of this issue and directed respondent No.2 to serve the hard copy of the reply, duly affirmed, by the specified date to ensure proper documentation of the pleadings. Additionally, the Court allowed the petitioner to serve a copy of the order to the Director, Tax Research Unit, Department of Commerce, Ministry of Finance for compliance, permitting direct service on the same day as the judgment was delivered. The judgment aimed to streamline the proceedings, address the urgency of the matter, and ensure compliance with the necessary legal procedures for a fair and efficient resolution of the case.