TaxTMI 
TaxTMI 
2019 (4) TMI 739
X X X X Extracts X X X X
X X X X Extracts X X X X
....China PR on the grounds mentioned in the memo of petition. 3. The learned counsel appearing for the petitioner invited Court's attention to the peculiar facts preceding the rendering of final finding in which it was indicated that the domestic industry had to in fact approach this Court for appropriate relief as the authorities at the relevant point of time had declined initiation of Sunset Review examining the requirement as to whether the anti dumping duty which was in force, amongst the product enforced since 14/09/2007 which was extended on 10/10/2013 and which thus expired on completion of five years i.e. 10/10/2018. The said petition came to be registered as Special Civil Application No.12368 of 2018 in which this Court has, vi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....gation is recorded by stating that the applicant has failed to provide sufficient and satisfactory evidence in support of its prayer to initiate sunset review investigation. • The order therefore fails the test of having considered the application, as required under the mandate of the Section i.e. Section 9A(5) read with the Rules thereunder. 12. Accordingly, impugned order dated 17.05.2018 is set aside, as the same is without reasons. The respondent authority shall decide the application requesting a sunset review afresh, in accordance with law, within six months from the date of receipt of this order. Till such a decision is taken, the period of anti-dumping duty, which ceases to have effect on and from 9/10/2018, shall st....
X X X X Extracts X X X X
X X X X Extracts X X X X
....8 is not complied with and notification in this regard is not issued from concerned officer in-charge will be held responsible for non-compliance of the order issued by this Court which may include proceedings under the Contempt of Courts Act also. 7. The prayers in paragraph no. 6(a) and (b) of the application which read as under are granted accordingly: 6) In view of the above facts and circumstances, the Applicant most respectfully prays that this Hon'ble Court may be pleased to:- a) Direct Respondent or concerned Ministry in his absence to comply with Order dated 26.09.2018 passed in Special Civil Application No. 12368 of 2018 by initiating sunset review well before 09.10.2018; and b) Direct Respondent or t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....terruption of levying of anti dumping duty even in the available and permissible period of one year would not be permitted and the hiatus created on account of disruption of duty even in the period of one year cannot be ignored for resuming the levying of duty. 8. The Tribunal would at the best examine the final finding, however, it is a question as to whether the Central Government which is the authority for extending the anti dumping duty notification at least for further period of six months would be so amenable to do so?. 9. We have heard the learned counsel for the parties and we are of the prima facie view that what has been submitted for assailing the order appears to be of substance for holding that there is a prima facie case....