TaxTMI 
TaxTMI 
2017 (1) TMI 6
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....m Nos. 26 to 29. Sh. Abhishek Ghai, for Sh. Sanjeev Narula, CGSC, for UOI, in Item Nos. 26 and 27. Sh. Anurag Ahluwalia, CGSC with Ms. Nisha Sharma, Advocate, for Respondent No.1 in Item No.28. Sh. Amit Mahajan, CGSC with Sh. Sumit Misra, Advocate, for UOI, in Item No.29. MR. S. RAVINDRA BHAT (OPEN COURT) 1. Each of the petitioner companies was earlier known by different names- Inovyn Chlorvinyls Ltd. was earlier known as Ineos Chlorvinyls Ltd.; Inovyn Svergie AB was known as Ineos Sverige AB; Vynova Tessenderlo NV (Now known as Vynova Belgium NV) was known as Ineos Chlorvinyls Belgium NV and Vynova Wilhelmshaven GMBH was known as Ineos Vinyls Deutschland GMBH and Ineos Vinyls Sales GMBH. 2. Pursuant to certain p....
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.... had been rejected. The Court had by its order dated 02.06.2016 directed the authority to consider the application and pass appropriate orders. The Designated Authority, by its order dated 28.06.2016 finally rejected the application [in W.P.(C) 7603/2016]. The Designated Authority reasoned as follows: "iii. The petitioner companies are now owned by a joint venture namely lnovyn JV (hereinafter 'JV'), formed by the transfer of assets by INEOS and Solvay, under the joint ownership of INEOS and Solvay. The JV was approved by EU Merger Regulation on 8th May, 2014. On 1st July, 2015, the creation of JV was implemented. iv. In the original investigation, INEOS and Solvay were known producers/exporters of the subject goods fro....
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.... in force, so long as and to the extent necessary, to counteract dumping, which is causing injury. (1A) The designated authority shall review the need for the continued imposition of any antidumping duty, where warranted, on its own initiative or upon request by any interested party who submits positive information substantiating the need for such review, and a reasonable period of time has elapsed since the imposition of the definitive antidumping duty and upon such review, the designated authority shall recommend to the Central Government for its withdrawal, where it comes to a conclusion that the injury to the domestic industry is not likely to continue or recur, if the said anti-dumping duty is removed or varied and is therefo....
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....he Authority notes that the request of the petitioners to amend the names of the concerned companies in the duty table simply vide a corrigendum notification is not feasible. Moreover, after issuing final findings, the Designated Authority becomes functus officio and it is not legally permissible to revisit the findings and the recommendations without initiating and undertaking a review investigation as per the Anti-Dumping Rules." 5. It was contended by the petitioners that the important consideration which appeared to have dominated the mind of the Designated Authority was that Solvay SA which was the non-participating party in the original anti-dumping proceedings had obtained significant interest in the joint venture entity and thus ....
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....trary. The interregnum as it were, with the reorganization and renaming of the petitioners being accompanied by Solvay SA's acquisition of shareholding in two petitioner companies through joint venture had resulted in the order of the Designated Authority, which quite correctly felt that closer investigation was necessary. Since then, the position appears to have altered again because on 08.06.2016, the European Commission gave a green signal for the divestment of Solvay SA's shareholding in Inovyn JV entirely. As a result, this Court, having regard to the fact that the basic circumstances, i.e. market conditions under which the petitioner companies exported to India and the nature of injury caused by them has already undergone detailed inv....