2022 (8) TMI 339

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....cate Mr.Priyank Lodha for respondent No.4. 2. In this Special Civil Application, the petitioner - M/s. Saint-Gobian India Pvt. Ltd., a company registered under the provisions of the Companies Act, 2013 at Chennai, has put forth the following prayers, [i] to set aside Order No.A/11068-11069/2019 dated 05.07.2019 passed by Appellate Tribunal in Appeal No.399-400/2011; [ii] to hold and declare that the subject goods namely "Extra Clear Float Glass" are covered under Notification No.4/2009-Cus. dated 6.1.2009 as amended from time to time, and they are liable for levy and collection of Anti-Dumping Duty under the above referred Notification; [iii] to prohibit respondent Nos.1 and 2, their servants and agents from cl....

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....er Notification No.4/2009 dated 6.1.2009. The Tribunal in its order held that the Extra Clear Float Glass imported by the assessee- company were not liable to Anti-Dumping Duty. The orders passed by the authorities levying such duty came to be set aside and the said goods were directed to be assessed without levy of such duty. Appeals of the assessee-company was allowed. In other words, the Tribunal refused to treat the Clear Float Glass and Extra Clear Float Glass to be the similar product for the purpose of Anti-Dumping Duty. 3.2 The petitioner herein is a company claiming to be the representative of the industry, who submits, while making the above prayer to set aside the order of the Tribunal passed as above and while assailing the s....

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.... the technical consideration, the conclusion was recorded in the said notification that, "After examining the submissions made by the applicants, responding domestic producers and other interested parties and issues raised therein; and considering the facts available on record, and its examination as above, the Authority concludes that the ECFG cannot be excluded from the scope of the product under consideration." 5.1 It was thus recommended that Extra Clear Float Glass (ECFG) cannot be excluded from the scope of the product under consideration. 5.2 It was by referring to the said notification learned advocate for the petitioner wanted this Court to hold that the decision of the Tribunal was erroneous and may not be allowed t....