https://www.taxtmi.com/caselaws?id=380414 Interim protection against payment of safeguard duty was vacated because the final findings under section 8B of the Customs Tariff Act, 1975 prima facie disclosed increased imports, market-share shifts, declining profitability, rising inventories, price undercutting and a threat of serious injury to the domestic industry. The Court held that, at the interlocutory stage, it was unnecessary to reappraise the merits in detail and the findings were not shown to be perverse. On balance of convenience, continuation of the stay would neutralise the safeguard measure, while the importers had a pass-through mechanism and a refund remedy if they ultimately succeeded. The Court also accepted that continuing the interim order would cause irreparable injury to the domestic industry. en-us Tue, 07 May 2019 00:00:00 +0530 Sat, 29 Feb 2020 12:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=380414 Interim protection against payment of safeguard duty was vacated because the final findings under section 8B of the Customs Tariff Act, 1975 prima facie disclosed increased imports, market-share shifts, declining profitability, rising inventories, price undercutting and a threat of serious injury to the domestic industry. The Court held that, at the interlocutory stage, it was unnecessary to reappraise the merits in detail and the findings were not shown to be perverse. On balance of convenience, continuation of the stay would neutralise the safeguard measure, while the importers had a pass-through mechanism and a refund remedy if they ultimately succeeded. The Court also accepted that continuing the interim order would cause irreparable injury to the domestic industry. Case-Laws Customs Tue, 07 May 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=380414