Designated Auth.Min.of
Com.& Indus.& ANR Vs. Indian Metals & Ferro Alloys Ltd. [2009] INSC
163 (27 January 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO 1795 OF
2009 Designated Authority, Ministry of Commerce & Industry & Anr.
...Petitioners Versus Indian Metals & Ferro Alloys Ltd. ...Respondent
Dr. ARIJIT PASAYAT, J.
1.
Challenge
in this petition is to the order passed by the Division Bench of the Delhi High
Court allowing the writ petition filed by the respondent.
The issue before the
High Court was with regard to interpretation of Anti Dumping provisions of the
Customs Tariff Act, 1975 (in short the `Act') and the Custom Tariff
(Identification, Assessment and Collection of Anti- Dumping Duty on Dumped
Articles and For Determination of Injury) Rules, 1995 (hereinafter referred to
as the `Rules').
2.
The
writ petition was allowed primarily relying on Reliance Industries Ltd. v.
Designated Authority and Ors. (2006 (10) SCC 368) and the interpretation placed
on Section 9A(5) of the Act in the matter and scope of Section 9A(5) of the Act
as considered by this Court in Rishiroop Polymers (P) Ltd. v. Designated
Authority & Ors. (2006 (4) SCC 303).
3.
It
is submitted by learned counsel for the appellant that the issues are of
complex nature and will have wide ramifications on domestic and international
business and commerce.
4.
We
are of the view that the view expressed in Reliance Industries case (supra)
needs a fresh look and following questions need to be dealt with by a Larger
Bench:
(1) Whether the
interpretation that Anti Dumping Duty is country specific rather than exporter
specific in consonance with the provision of Rules 12, 15, 17(3), 18, 19(3) and
Annexure 1 to the Rules.
(2) Whether the
interpretation placed upon Rule 7 of the Rules is correct in so far as it
diminishes the Rule of confidentiality statutorily provided for under Rule 7.
5.
The
records be placed before the Hon'ble the Chief Justice of India for necessary
orders.
...........................................J.
(Dr. ARIJIT PASAYAT)
..........................................J.
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