Anti-Dumping Duty On Imported Goods: In Case Of ‘Negative Findings” By Designated Authority, Appeal U/S.9C Of Customs Tariff Act Possible Before CESAT: Delhi HC [Read Order]
6 years, 5 months ago

Anti-Dumping Duty On Imported Goods: In Case Of ‘Negative Findings” By Designated Authority, Appeal U/S.9C Of Customs Tariff Act Possible Before CESAT: Delhi HC [Read Order]

Live Law  

In an important decision, the Delhi High Court has held that anti-dumping duty on imported goods, in case “negative findings” are recorded by the designated authority of the Central government, then the findings can be appealed against under Section 9C of the Customs Tariff Act before the Customs Excise and Service Tax Appellate Tribunal.What is Dumping?In generic terms,. In an important decision, the Delhi High Court has held that anti-dumping duty on imported goods, in case “negative findings” are recorded by the designated authority of the Central government, then the findings can be appealed against under Section 9C of the Customs Tariff Act before the Customs Excise and Service Tax Appellate Tribunal. An appeal under Section 9C of the CT Act lies only against an “order of determination” which requires a positive final finding under Rule 17 by the designated authority recommending imposition of anti-dumping duty and acceptance by the Central Government by way of a notification under Rule 18 of the Rules imposing anti-dumping duty at the rate not exceeding the margin of dumping determined by the designated authority under Rule 17 of the Rules. When the designated authority terminates the proceeding or gives a negative final opinion under Rule 17, or the Central Government does not issue notification under Rule 18, there is no “order of determination” and hence no appeal lies under Section 9C of the CT Act.

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History of this topic

India initiates anti-dumping probe into PVC resin imports from EU, Japan
1 month, 3 weeks ago

India initiates anti-dumping probe into PVC resin imports from EU, Japan

The Hindu  

India has initiated a probe into the alleged dumping of PVC paste resin, used to make artificial leather and other technical textiles’ products, from the European Union and Japan, according to a notification. Chemplast Sanmar Ltd. has filed an application seeking the imposition of anti-dumping duty, stating that the cheap imports are causing material injury to the domestic industry. “On …

Pendency Of Revenue's Appeal Regarding Classification Of Imported Goods No Ground To Insist On Provisional Assessment U/S 18 Customs Act: Delhi HC
3 months, 1 week ago

Pendency Of Revenue's Appeal Regarding Classification Of Imported Goods No Ground To Insist On Provisional Assessment U/S 18 Customs Act: Delhi HC

Live Law  

The Delhi High Court has ruled in favour of an importer who was aggrieved by insistence on provisional assessment of duty by the Customs Department, despite an order of the CESTAT with respect to classification of its imported goods. Nonetheless, the Revenue continued to insist on provisional assessment of Petitioner's goods under Section 18 of the Customs Act. Petitioner argued …

Proper Officer Must Provide 'Reason To Doubt' Value Of Goods Declared By Importer Before Initiating Reassessment U/S 17 Customs Act: Delhi HC
Trending News
3 months, 2 weeks ago

Proper Officer Must Provide 'Reason To Doubt' Value Of Goods Declared By Importer Before Initiating Reassessment U/S 17 Customs Act: Delhi HC

Live Law  

The Delhi High Court has held that the proper officer under the Customs Act, 1962 must provide “reasons to doubt” the declared value of imported goods, before proceeding with reassessment under Section 17. The High Court said that it is manifest from Section 17 that before the proper officer commences the process of reassessment, it must come to form an …

Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC
3 months, 3 weeks ago

Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC

Live Law  

The Delhi High Court has held that where enhancement of valuation of goods by the proper officer for the purpose of determining Customs duty is accepted by the importer under protest, for expeditious clearance, it cannot be said that the importer has waived its right to question the reassessment. The right to question the correctness of the decision of the …

S.99A Customs Act | Final Report Containing Audit Findings Can Be Drawn Only After Apprising Auditee Of 'Objections': Delhi High Court
3 months, 3 weeks ago

S.99A Customs Act | Final Report Containing Audit Findings Can Be Drawn Only After Apprising Auditee Of 'Objections': Delhi High Court

Live Law  

The Delhi High Court has held that pursuant to an audit in respect of assessment of imported or exported goods under Section 99A of the Cutoms Act, 1962, the proper officer is liable to apprise the auditee of the objections which according to it arise in respect of the assessment. However, before such a report is finally drawn or issued, …

S.99A Customs Act | Final Report Containing Audit Findings Can Be Drawn Only After Apprising Auditee Of 'Objections': Delhi High Court
3 months, 3 weeks ago

S.99A Customs Act | Final Report Containing Audit Findings Can Be Drawn Only After Apprising Auditee Of 'Objections': Delhi High Court

Live Law  

The Delhi High Court has held that pursuant to an audit in respect of assessment of imported or exported goods under Section 99A of the Cutoms Act, 1962, the proper officer is liable to apprise the auditee of the objections which according to it arise in respect of the assessment. However, before such a report is finally drawn or issued, …

Incorrect Classification Is Not By Itself Collusion/ Wilful Misstatement U/S 28AAA Customs Act; Prior Determination By DGFT Must: Delhi HC
3 months, 3 weeks ago

Incorrect Classification Is Not By Itself Collusion/ Wilful Misstatement U/S 28AAA Customs Act; Prior Determination By DGFT Must: Delhi HC

Live Law  

The Delhi High Court has held that a misclassification or an incorrect classification of goods to be imported or exported would not ipso facto amount to collusion, wilful misstatement, or suppression of facts under Section 28AAA Customs Act, 1962. “Undisputedly, consequent to the self-assessed Bills of Entry having been accepted and thus liable to be viewed as assessed, the stage …

Incorrect Classification Is Not By Itself Collusion/ Wilful Misstatement U/S 28AAA Customs Act; Prior Determination By DGFT Must: Delhi HC
3 months, 3 weeks ago

Incorrect Classification Is Not By Itself Collusion/ Wilful Misstatement U/S 28AAA Customs Act; Prior Determination By DGFT Must: Delhi HC

Live Law  

The Delhi High Court has held that a misclassification or an incorrect classification of goods to be imported or exported would not ipso facto amount to collusion, wilful misstatement, or suppression of facts under Section 28AAA Customs Act, 1962. “Undisputedly, consequent to the self-assessed Bills of Entry having been accepted and thus liable to be viewed as assessed, the stage …

India imposes up to $557 per tonne anti-dumping duty on chemical imports from China, Korea, Thailand
4 months, 1 week ago

India imposes up to $557 per tonne anti-dumping duty on chemical imports from China, Korea, Thailand

Firstpost  

The duty was imposed as the chemical – Epichlorohydrin – was exported to India from these countries at below-normal prices. India has imposed anti-dumping duties of up to $557 per tonne on imports of Epichlorohydrin from China, South Korea, and Thailand for five years, as part of a measure to safeguard its domestic adhesive industry. The decision follows an investigation …

Delhi High Court Quashes Suspension Of License, Issued To Customs House Agent, Finding Order Illegal
1 year, 4 months ago

Delhi High Court Quashes Suspension Of License, Issued To Customs House Agent, Finding Order Illegal

Live Law  

The Delhi High Court has held that there was proper verification on the part of the Customs House Agent with regard to the genuineness of the Importer-Exporter Code as well as GSTIN.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma observed that mere allegations that some other person was importing goods in the name of the importers, whose names …

Customs Broker Licence Can’t Be Revoked On Mere Charge Of Mis–Declaration And Undervaluation Of The Illegal Imports: CESTAT
1 year, 6 months ago

Customs Broker Licence Can’t Be Revoked On Mere Charge Of Mis–Declaration And Undervaluation Of The Illegal Imports: CESTAT

Live Law  

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that the licence cannot be revoked on a mere charge of misdeclaration and undervaluation of illegal imports.The bench of Binu Tamta and Hemambika R. Priya has observed that the punishment has to be commensurate with the misconduct and that the charges against. The Delhi Bench of …

Ensure No Illegal Dumping Of Plastic, Electrical And Medical Garbage, Take Action Against Defaulting Units: Delhi High Court To MCD
1 year, 7 months ago

Ensure No Illegal Dumping Of Plastic, Electrical And Medical Garbage, Take Action Against Defaulting Units: Delhi High Court To MCD

Live Law  

The Delhi High Court has directed the Municipal Corporation of Delhi to ensure that there is no illegal dumping of electrical, plastic and medical garbage in the national capital. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also directed the civic body to take appropriate action against all the defaulting units under the Delhi Municipal …

Knowledge Is A Necessary Element For Committing Abetment : Delhi High Court Quashes Penalty Against Customs Broker
1 year, 8 months ago

Knowledge Is A Necessary Element For Committing Abetment : Delhi High Court Quashes Penalty Against Customs Broker

Live Law  

The Delhi High Court has quashed the penalty against customs brokers on the grounds that knowledge is a necessary element for committing abetment. The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that knowledge of a wrongful act of omission or commission, which rendered the goods liable for confiscation under Section 111 of the Customs Act, is …

Anti Dumping Rules Not Inconsistent With RTI Act, Disclosure Of Confidential Information Can Impact India's Economic Interests: Delhi High Court
1 year, 11 months ago

Anti Dumping Rules Not Inconsistent With RTI Act, Disclosure Of Confidential Information Can Impact India's Economic Interests: Delhi High Court

Live Law  

Observing that disclosure of confidential information in anti-dumping proceedings can have a significant impact on country’s economic interest and trade relations, the Delhi High Court has said that same cannot be sought or subjected to disclosure under the Right to Information Act, 2005.Justice Prathiba M Singh observed that when the Anti-Dumping Rules themselves provide an exception. Observing that disclosure of …

Decision Of CG Not To Impose Anti-Dumping Duty, Quasi-Judicial In Nature; Principles Of NJ Must Be Followed: CESTAT
2 years, 2 months ago

Decision Of CG Not To Impose Anti-Dumping Duty, Quasi-Judicial In Nature; Principles Of NJ Must Be Followed: CESTAT

Live Law  

The New Delhi bench of the Customs, Excise & Service Tax Appellate Tribunal has reiterated that the decision taken by the Central Government to not impose anti-dumping duty under Section 9A of the Customs Tariff Act, 1975, is quasi-judicial in nature and not legislative, and thus, the requirement of a reasoned order must be compiled with. The Tribunal ruled that …

Prosecution For Customs Duty Evasion Can't Be Initiated As The Valuation Of The Goods Is Less Than Rs.1 Crore: Delhi High Court
2 years, 9 months ago

Prosecution For Customs Duty Evasion Can't Be Initiated As The Valuation Of The Goods Is Less Than Rs.1 Crore: Delhi High Court

Live Law  

The Delhi High Court has ruled that the prosecution of the petitioner cannot be initiated under Section 135 of the Customs Act as valuation of the goods is less than Rs.1 Crore. The Director of Revenue Intelligence filed a criminal complaint under Section 132 and 135 of the Customs Act, before the Trial Court. The petitioner stated that there was …

Govt May Impose Anti-dumping Duty on Certain Kind of Steel Imports from Few Countries
4 years, 2 months ago

Govt May Impose Anti-dumping Duty on Certain Kind of Steel Imports from Few Countries

News 18  

The government may impose anti-dumping duty for five years on certain type of steel products from few countries, including Japan and Korea, to guard domestic players from cheap imports as the Commerce Ministry has recommended for the same. According to a notification by the ministry's investigation arm DGTR, the duty "is recommended to be imposed for five years" on imports …

Commerce Ministry Recommends Continuation of Anti-dumping Duty on Chinese Synthetic Rubber
4 years, 5 months ago

Commerce Ministry Recommends Continuation of Anti-dumping Duty on Chinese Synthetic Rubber

News 18  

New Delhi: The commerce ministry has recommended for continuation of anti-dumping duty on a Chinese synthetic rubber for five more years with a view to guard domestic players from cheap imports. In a notification, the ministry's investigation arm Directorate General of Trade Remedies has said there is a "likelihood" of continuation of dumping of Fluoroelastomer and injury to domestic players …

India Initiates Probe Against Alleged Dumping of Pharma Raw Material by Chinese Firms
4 years, 5 months ago

India Initiates Probe Against Alleged Dumping of Pharma Raw Material by Chinese Firms

News 18  

India has initiated a probe into alleged dumping of a pharma raw material, Ceftriaxone Sodium Sterile, from China, following complaints by domestic manufacturers. Nectar Life Sciences and Sterile India have filed an application before the Commerce Ministry's investigation arm Directorate General of Trade Remedies seeking initiation of the probe. Ceftriaxone Sodium Sterile is an active pharmaceutical ingredient or raw material …

India Probing Alleged Dumping of a Chemical from China, South Korea
4 years, 5 months ago

India Probing Alleged Dumping of a Chemical from China, South Korea

News 18  

India has initiated a probe into the alleged dumping of a chemical, used in pharmaceutical and agrochemicals industries, from China and South Korea following a complaint by a domestic manufacturer. Cabot Sanmar Ltd filed the application before the commerce ministry's investigation arm DGTR, seeking initiation of an anti-dumping probe concerning imports of 'Untreated Fumed Silica' from these two counties. The …

India Imposes Anti-dumping Duty on Digital Printing Plates from China, Japan and 3 Other Nations
4 years, 7 months ago

India Imposes Anti-dumping Duty on Digital Printing Plates from China, Japan and 3 Other Nations

News 18  

India has imposed anti-dumping duty on digital printing plates from China, Japan, Korea, Taiwan and Vietnam for five years with a view to guard domestic manufacturers from cheap imports from these countries. The Commerce Ministry's investigation arm Directorate General of Trade Remedies recommended the duty after its probe concluded that there is a substantial increase in imports of digital offset …

India imposes anti-dumping duty on Malaysian calculators for 5 years
4 years, 9 months ago

India imposes anti-dumping duty on Malaysian calculators for 5 years

India TV News  

India has imposed anti-dumping duty on imports of electronic calculators from Malaysia for five years with a view to guard domestic players from cheap imports from that country. After conducting a probe, the commerce ministry's investigation arm Directorate General of Trade Remedies had recommended anti-dumping duty on electronic calculators from Malaysia. "The anti-dumping duty imposed.shall be effective for a period …

Domestic industry for continuation of anti-dumping duty on certain steel items from 3 countries; Govt starts probe
5 years, 5 months ago

Domestic industry for continuation of anti-dumping duty on certain steel items from 3 countries; Govt starts probe

Firstpost  

The Directorate General of Trade Remedies is an arm of the commerce ministry which carries out investigations in case of dumping of goods, a significant increase in imports of a product and increase in imports of subsidised items New Delhi: The government has started a probe to see whether the expiry of existing anti-dumping duty on certain hot-rolled steel products …

Govt may impose antidumping duty on imports of tin mill flat rolled steel products from 4 nations
5 years, 8 months ago

Govt may impose antidumping duty on imports of tin mill flat rolled steel products from 4 nations

India TV News  

The government may impose anti-dumping duty on imports of certain types of steel products from the EU, Japan, the US, and South Korea, as the commerce ministry has started an investigation into alleged dumping of the item following complaints from domestic players. The Directorate General of Trade Remedies, under the commerce ministry, has initiated the probe as it has found …

Govt not to extend anti-dumping duty on Chinese paracetamol; says no proof to establish imports hurt domestic industry
6 years, 1 month ago

Govt not to extend anti-dumping duty on Chinese paracetamol; says no proof to establish imports hurt domestic industry

Firstpost  

After concluding its probe, the commerce ministry’s investigation arm for dumping of goods DGTR has said that it does not recommend continuation of the anti-dumping duty on the imports of paracetamol from China. New Delhi: The government will not extend anti-dumping duty on imports of Chinese paracetamol, used in medicines, as the domestic industry has failed to provide evidence that …

Anti-dumping duty on Chinese chemical for 5 years
6 years, 3 months ago

Anti-dumping duty on Chinese chemical for 5 years

Live Mint  

New Delhi: The revenue department has imposed anti-dumping duty for five years on a Chinese chemical used in making detergents to guard domestic players from cheap imports from the neighbouring country. DGTR, the investigation arm of the commerce ministry, had conducted the probe on complaint of Gujarat Credo Mineral Industries and Chemicals India which alleged injury to the domestic industry …

India may impose anti-dumping duty on import of Chinese chemical used in detergent industry to guard domestic manufacturers
6 years, 4 months ago

India may impose anti-dumping duty on import of Chinese chemical used in detergent industry to guard domestic manufacturers

Firstpost  

New Delhi: India may impose an anti-dumping duty of up to $207.72 per tonne for a period of five years on a Chinese chemical used in the detergent industry to guard domestic manufacturers from cheap imports from the neighbouring country. The commerce ministry’s investigation arm Directorate General of Trade Remedies, after concluding its probe, has recommended the duty on imports …

India slaps duty on US, EU imports of chemical used in perfume
11 years, 4 months ago

India slaps duty on US, EU imports of chemical used in perfume

India TV News  

New Delhi: India has imposed anti-dumping duty of up to USD 0.36 a kg on import of a chemical, used in manufacture pharmaceuticals and fragrance products, from EU, US and Korea to protect domestic players from cheap shipments. "The anti-dumping duty imposed under this notification shall be levied for a period not exceeding six months.," said the Central Board of …

Excise duty exempted on indigenous goods sold at duty-free shops in India
11 years, 9 months ago

Excise duty exempted on indigenous goods sold at duty-free shops in India

India TV News  

New Delhi, May 23: In a bid to promote exports, the government Thursday exempted excise duty on indigenously produced goods sold at duty-free shops at international airports. "Government issued notification today so as to allow excise duty-free sale of goods manufactured in India to international passengers or crew arriving from abroad at the DFS located in the arrival halls of …

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