2021 (10) TMI 135

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....2021 - -<br>Customs<br>BEFOREHONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA Advocate for the Petitioner : DR. Ashok Saraf Advocate for the Respondent : Asstt.S.G.I. JUDGMENT & ORDER (ORAL) Heard Dr. Ashok Saraf, learned senior counsel for the petitioner. Also heard Ms. A Gayan, learned CGC for the respondents no. 1 to 4 being the authorities under the Department of Revenue, Ministry....

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....indings are admittedly made under Rule 17(1)(b) of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty On Dumped Articles and For Determination of Injury) Rules, 1995. 6. The grievance of the petitioner is that in course of the investigation by the Designated Authority, the petitioners had submitted certain representations/questionnaires, in course of their entitle....

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....ny proceeding against the same would be maintainable. The Supreme Court further provides that the final decision on the recommendation has to be made by the Central Government and the Central Government in the present case is yet to make the final determination. 9. We have also taken note that the Designated Authority in its final finding by notification dated 23.08.2021 in paragraph F.1.40.h h....

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....he final determination has not yet been made by the Central Government, we request the Central Government to take note of that the import questionnaire response submitted by the petitioner at the stage of sunset review investigation was not taken into consideration by the Designated Authority by stating the reason that they were required to file user questionnaire response and not the import quest....