Civil Appeal No. 8038 Of 2011 With C.A. Nos. 8039-8040 Of 2011. Case: Tejas Networks Ltd. Vs Union Of India. Supreme Court (India)
| Case Number | Civil Appeal No. 8038 Of 2011 With C.A. Nos. 8039-8040 Of 2011 |
| Counsel | For Appellant: Shri Gaurab Banerjee, Asg, Krishnan Venugopal, Sr. Advocate, S.W.A. Qadri, Mukesh Verma, Arvind K. Sharma, G. Umapathy, Rajesh Sharma, Rakesh K. Sharma And D.S. Mahra, Advocates, And For Respondent: Shri S.K. Bagaria, Sr. Advocate, Tarun Gulati, Nishant Shah, Sparsh Bhargava, Anoy Bahatti, Siddharth Singla, Praveen Kumar, R. ... |
| Judges | H.L. Dattu And Chandramauli Kr. Prasad, JJ. |
| Issue | Customs Tariff Act, 1975- Section 9c(3) |
| Citation | 2011 (273) ELT 161 (SC) |
| Judgement Date | September 20, 2011 |
| Court | Supreme Court (India) |
Order:
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Leave Granted In All The Matters.
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This Appeal Is Directed Against The Judgment And Final Order Passed By The High Court Of Judicature Of Andhra Pradesh At Hyderabad In Writ Petition No. 22155/2009, Dated 22-1-2010 [2010 (256) ELT 487 (A.P.)]. By The Impugned Order, The High Court Has Set Aside The Preliminary Findings Of The Designated Authority Under The Provisions Of Anti-Dumping Laws.
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This Court, While Entertaining The Special Leave Petitions, Had Passed Certain Interim Orders.
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During The Pendency Of The Special Leave Petitions And In View Of The Directions Issued By This Court, The Designated Authority Has Passed Its Final Findings.
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Being Aggrieved By The Final Findings Of The Designated Authority, The Parties To The Lis Have Approached The Cestat.
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The Cestat, By Its Order Dated 11-8-2011 [Reported In 2011 (273) ELT 293 (Tribunal) And 2011 (272) ELT 127 (Tri.- Del)] Has Allowed The Appeal And Has Remanded The Matter To The Designated Authority With Certain Directions And Observations. The Operative Portion Of The Orders Passed By The Tribunal Is Reproduced As Under:
Accordingly We Allow These Appeals By Remand To The Da For "15. Affording Post-Decisional Hearing To The Appellants And For Making Such Modifications To The Final Findings As May Be Necessary As A Result Of Such Post-Decisional Hearing. The Respondent-Domestic Industry And Other Interested Parties, If Any, Shall Also Be Allowed To Participate In Such Post-Decisional Hearing. Any Modifications Made In The Final Findings Would Be Considered By Giving Effect To The Same By The Government By Carrying Out The Necessary Amendments To The Impugned Notifications Imposing Anti-Dumping Duty. This Process Shall Be Completed Within 6 Months From The Date Of This Order And Status Quo Shall Be Maintained Meanwhile. Since We Are Allowing The Main Appeals By Remand, The Ma(Eh) And Sps Stand Disposed Off".
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In View Of The Disposal Of The Appeal By The Cestat, Sh. Krishnan Venugopal, Learned Senior Counsel Appearing For The Appellant Would Submit That Civil Appeal Has Now Become Infructuous.
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Sh. Bagaria, Learned Senior Counsel Appearing For The Contesting Respondents, Would Submit That The View Taken By The Andhra Pradesh High Court On The Preliminary Findings Of The Designated Authority Require To Be Agitated By This Court In The Appeals Filed By The Appellant Herein And, Therefore, Submits That The Appeal Need Not Be Disposed Of By This Court As...
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Misc. Order Nos. AD/M/2-4/2012(PB) in Application Nos. AD/M/1001 & 1037/2011 and AD/M/169/2012 in Appeal No. AD/1/2011. Case: Advance Petrochemical Co. Vs Designated Authority. CEGAT (Customs, Excise & Gold (Control) Appellate Tribunal) & CESTAT (Customs, Excise and Service Tax Appellate Tribunal)
...by the Hon''ble Supreme Court while considering the Tribunal''s Order dated 11-8-2011 vide Tejas Networks Ltd. v. Union of India - 2011 (273) ELT 161 (SC) in paragraphs 11 to 13 which is reproduced 11. During the pendency of this appeal, the Designated Authority has passed its final finding......
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Misc. Order Nos. AD/M/2-4/2012(PB) in Application Nos. AD/M/1001 & 1037/2011 and AD/M/169/2012 in Appeal No. AD/1/2011. Case: Advance Petrochemical Co. Vs Designated Authority. CEGAT (Customs, Excise & Gold (Control) Appellate Tribunal) & CESTAT (Customs, Excise and Service Tax Appellate Tribunal)
...by the Hon''ble Supreme Court while considering the Tribunal''s Order dated 11-8-2011 vide Tejas Networks Ltd. v. Union of India - 2011 (273) ELT 161 (SC) in paragraphs 11 to 13 which is reproduced 11. During the pendency of this appeal, the Designated Authority has passed its final finding......
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Misc. Order Nos. AD/M/2-4/2012(PB) in Application Nos. AD/M/1001 & 1037/2011 and AD/M/169/2012 in Appeal No. AD/1/2011. Case: Advance Petrochemical Co. Vs Designated Authority. CEGAT (Customs, Excise & Gold (Control) Appellate Tribunal) & CESTAT (Customs, Excise and Service Tax Appellate Tribunal)
...by the Hon''ble Supreme Court while considering the Tribunal''s Order dated 11-8-2011 vide Tejas Networks Ltd. v. Union of India - 2011 (273) ELT 161 (SC) in paragraphs 11 to 13 which is reproduced 11. During the pendency of this appeal, the Designated Authority has passed its final finding......
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Misc. Order Nos. AD/M/2-4/2012(PB) in Application Nos. AD/M/1001 & 1037/2011 and AD/M/169/2012 in Appeal No. AD/1/2011. Case: Advance Petrochemical Co. Vs Designated Authority. CEGAT (Customs, Excise & Gold (Control) Appellate Tribunal) & CESTAT (Customs, Excise and Service Tax Appellate Tribunal)
...by the Hon''ble Supreme Court while considering the Tribunal''s Order dated 11-8-2011 vide Tejas Networks Ltd. v. Union of India - 2011 (273) ELT 161 (SC) in paragraphs 11 to 13 which is reproduced 11. During the pendency of this appeal, the Designated Authority has passed its final finding......