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    <title>2023 (1) TMI 1433 - CESTAT NEW DELHI-LB</title>
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    <description>A Central Government decision declining to impose anti-dumping duty after a positive recommendation was treated as a quasi-judicial determination and therefore amenable to appeal. The Tribunal reiterated that the statutory role under the Customs Tariff Act and Anti-Dumping Rules requires application of the factual findings to the legal criteria, not mere policy choice. It also held that a rejection of the designated authority&#039;s recommendation without reasons and without fair opportunity to respond could not stand. The impugned office memorandum was set aside, the matter was remitted for fresh consideration, and interim provisional assessment directions were continued pending the new decision.</description>
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    <pubDate>Wed, 18 Jan 2023 00:00:00 +0530</pubDate>
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      <title>2023 (1) TMI 1433 - CESTAT NEW DELHI-LB</title>
      <link>https://www.taxtmi.com/caselaws?id=459643</link>
      <description>A Central Government decision declining to impose anti-dumping duty after a positive recommendation was treated as a quasi-judicial determination and therefore amenable to appeal. The Tribunal reiterated that the statutory role under the Customs Tariff Act and Anti-Dumping Rules requires application of the factual findings to the legal criteria, not mere policy choice. It also held that a rejection of the designated authority&#039;s recommendation without reasons and without fair opportunity to respond could not stand. The impugned office memorandum was set aside, the matter was remitted for fresh consideration, and interim provisional assessment directions were continued pending the new decision.</description>
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