Anti-dumping duty challenge became infructuous after the domestic industry withdrew its claim, leaving the Tribunal jurisdiction issue open.

The writ petitions challenging the Customs, Excise and Service Tax Appellate Tribunal's orders became infructuous after the domestic industry stated that it no longer pressed its claim for continuation of anti-dumping duty. In that situation, the challenge to the Office Memoranda ceased to survive, and the question whether the Tribunal had jurisdiction to set aside those memoranda became academic. The Delhi High Court accordingly disposed of the petitions as infructuous, while leaving the legal issues open for decision in an appropriate case.

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Issues: Whether the writ petitions challenging the orders of the Customs, Excise and Service Tax Appellate Tribunal survived for adjudication after the domestic industry stated that it no longer pressed its claim for continuation of anti-dumping duty.

Analysis: The petitions arose from proceedings concerning anti-dumping duty recommended under the Customs Tariff Act, 1975 and the Anti-Dumping Rules, 1995. The domestic industry stated that it did not press its rights in terms of the Designated Authority's recommendation. In that situation, the challenge to the Office Memoranda no longer survived, and the connected question regarding the Tribunal's jurisdiction to set aside such memoranda became academic.

Conclusion: The writ petitions were rendered infructuous and disposed of on that basis, with the legal issues left open for decision in an appropriate case.

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