Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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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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