TaxTMI 
TaxTMI 
2018 (11) TMI 371
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....ition under Article 226 of the Constitution of India challenges the final findings as recorded in order dated 25th January, 2018 passed by the respondent no.2 - Designated Authority, Directorate General of Anti-Dumping and Alied Duties, New Delhi. The impugned order dated 25th January, 2018 after considering the petitioners' application for initiation of Anti-Dumping Investigation in respect o....
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....l) under Section 9C of the Tariff Act. This on the basis that the Tribunal itself had in M/s. Panasonic Energy India Co. Ltd. & Ors. Vs. Union of India (Anti-Dumping Appeal Nos. 50452-50455 of 2017) taken a view that no appeal under Section 9C of the Tariff Act is maintainable in case of termination of Anti Dumping enquiry / investigation. Thus, being without an alternative remedy, the petitioners....
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.... Court held that an effective and purposeful interpretation of Section 9C of the Tariff Act would necessarily require that the right of appeal be bestowed to an applicant whose application for imposition of Anti Dumping Duty has been rejected by final findings holding in the negative as in this case. In fact, the Hon'ble Delhi High Court has in particular observed as under : "38. Therefore, i....
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.... impugned order dated 25th January, 2018. Therefore, we have not examined the merits of the petitioner's grievance. The petitioner is at liberty to file an appeal to the Tribunal under Section 9C of the Tariff Act. 5. However, we note that the petitioner had moved this Court under Article 226 of the Constitution of India within a period of 90 days from the impugned order on the basis of a bon....