2019 (1) TMI 1388

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....RDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. The learned advocate for the petitioner has tendered a draft amendment. The amendment is allowed in terms of the draft. The same shall be carried out forthwith. 2. Mr. S. N. Soparkar, Senior Advocate, learned counsel with Mr. Vipul Wadhwa, and Mr. Dhruv Toliya, learned advocates submitted that in this case the application under rule 5 of....

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....tion in the DTA. Reference was made to the table below, to point out that the calculation is based on the basis that the total Indian production is 842 MW whereas total Indian production exceeds 2000 MW. It was submitted that, therefore, the calculation of 38% is incorrect. The attention of the court was invited to the definition of "domestic industry" as defined under clause(b) of sub-section (6)....

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....the year 2017-18 is 314 MW and the total domestic sales is 785 MW whereas total domestic demand is 10618 MW. Therefore, imports to the extent of 9833 MW are required to be made. It was submitted that for the purpose of protecting about 3% of the domestic demand, the rest of the importers should not be subjected to safeguard duty. 3. Reference was also made to paragraph 49(iv) of the impugned or....