2011 (2) TMI 1503

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....f (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 framed under Section 9A being ultra vires to the Constitution of India; (iii)   For quashing the Notification No. 116/2009, dated 8-10-2009 (Annexure P-1) issued by respondent No. 1 and the Notification No. 14/12/2007, dated 26-8-2009 (Annexure P-2) issued by respondent no. 2; (iv)   For the issuance of a writ in the nature of mandamus directing the respondents No. 1 and 2 to withdraw and/or cancel the impugned final findings No. 14/2/2007/DGAD, dated 26th August, 2009 (Annexure P-2) and the consequent Customs Notification No. 116/2009, dated 8th October, 2009 (Annexure P-1) issued by Mi....

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....AT, we do not find any ground to go into merits. The petitioner has applied for early hearing before the CESTAT and the Tribunal may give such priority in hearing as may be appropriate. 5. Since the validity of rule cannot be gone into by the Tribunal, we have considered this aspect. Objection to the validity of rule is based on the contention that scope of hearing under Rule 6(5) was limited to furnishing information relevant to the investigation regarding dumping, injury and causality. We do not find any substance in this contention. 6. Section 9A of the Act enables the Central Government to impose Anti-Dumping Duty not exceeding the margin of dumping. Dumping is a process of selling of goods by an exporter from outside In....