TaxTMI 
TaxTMI 
2011 (3) TMI 652
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....indings recorded by the Designated Authority on 19th October 2010 as also the Customs Notification No. 125/2010 issued on 16th December 2010 pursuant to the above final findings. By the impugned notification dated 16th December 2010 anti-dumping duty @ 266% is imposed on the goods exported by the Petitioner to the consumers in India. 2. The Petitioner is inter alia engaged in the manufacture of Synchronous Digital Hierarchy (SDH) equipments falling under Chapter 85 of the Customs Tariff Act, 1975. 3. Pursuant to an application filed by the Domestic Industry, anti­dumping proceedings were initiated by a notification dated 21st April 2009 in relation to import of SDH Transmission Equipments originated in or exported from China....
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....d material injury on account of import of SDH transmission equipment originated in or exported from China PR & Israel falling under sub-heading 8517 62 of the Customs Tariff Act & recommended imposition of definitive anti-dumping duty on the imports of SDH transmission equipment, originated in or exported from China PR & Israel. On the basis of the final findings, Customs Notification No. 125/2010 was published on 16th December 2010 and imposing anti-dumping duty. Challenging the aforesaid final findings dated 19th October 2010 and notification dated December 2010 the present Petition is filed. 6. Mr. Khambata, learned Additional Solicitor General and Mr. Abhichandani, learned Counsel for the Respondent No. 3 raised a preliminary obje....
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....mpermissible in law. 9. In support of the above contention reliance is placed on the decision of the Apex Court in the case of Automotive Tyre Manufacturers Association v. Designated Authority, 2011-TIOL-03-SC-CUS = 2011 (263) E.L.T. 481 (S.C.) wherein it is inter alia held thus : "59. In light of the aforenoted legal position and the elaborate procedure prescribed in Rule 6 of 1995 Rules, which the DA is obliged to adhere to while conducting investigations, we are convinced that duty to follow the principles of natural justice is implicit in the exercise of power conferred on him under the said Rules. In so far as the instant case is concerned, though it was sought to be pleaded on behalf of the respondents that the incumbent D....
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....DA offends the basic principle of natural justice. Thus, the impugned notification having been issued on the basis of the final findings of the DA, who failed to follow the principles of natural justice, cannot be sustained. It is quashed accordingly." 10. In the light of the aforesaid judgment of the Apex Court, Counsel for the Petitioner submitted that since the issue is squarely covered by the judgment of the Apex Court in the case of Automotive Tyre (supra), instead of driving the Petitioner to avail the statutory alternate remedy provided under Section 9C of the Customs Tariff Act 1975, this Court must quash and set aside the impugned final findings and the consequential Notification which are ex facie unsustainable and are non e....