2000 (8) TMI 1148

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....e Respondent No. 2 : Mr. Asim J Pandya. ORDER PER : B.C. PATEL, J. The petitioner has challenged a notification issued by the Central Government in superseession of the notification issued earlier on 27th October, 1998 with regard to anti-dumping duty. Under the Customs Tariff (Identification, Assessment & Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury)....

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..... On the basis of this, there must be a preliminary finding in view of rule 12 and there may be provisional duty in rule 13. After the termination of investigation, final finding as per rule 17 is to be arrived at and the designated authority has to submit the same to the Central Government and it is thereafter that within a period of three months of the publication of final findings by the design....

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....imited. The decision of the Apex Court is reported in 2000 (118) ELT 305 (S.C.). The Apex Court judgment reads as under. "We see no reason to entertain these special leave petitions. It is perfectly clear now that we have seen the provision of the Act that the order of the Designated Authority is purely recommendatory. The appeal lies against the determination and that determination has t....

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.....1 - Union of India and direction was given to file reply within a period of three weeks from 13.6.2000. Thus, all the respondents were aware that the reply is to be filed. However, till today, reply is not filed. Learned advocate appearing for the Union of India submitted that as the CEGAT has made an order in exercise of power conferred under section 9(C) of the Act, the government has taken int....