Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
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Refund of anti-dumping duty paid before rescission was upheld because the rescinding notification expressly applied only prospectively and preserved things done before rescission. The Court noted that duty payments made before 29.02.2012 fell within that saving clause, and the Designated Authority's final findings had recorded no adverse impact on the domestic industry, no price suppression or depression, and no justification for continued anti-dumping duty on phenol from Chinese Taipei and the USA. In view of those findings, the Court held that no substantial question of law arose, declined to interfere with the Tribunal's refund order, and dismissed the Revenue's appeal.
Refund of anti-dumping duty paid before rescission was upheld because the rescinding notification expressly applied only prospectively and preserved things done before rescission. The Court noted that duty payments made before 29.02.2012 fell within that saving clause, and the Designated Authority's final findings had recorded no adverse impact on the domestic industry, no price suppression or depression, and no justification for continued anti-dumping duty on phenol from Chinese Taipei and the USA. In view of those findings, the Court held that no substantial question of law arose, declined to interfere with the Tribunal's refund order, and dismissed the Revenue's appeal.
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