FAIRDEAL SUPPLIES PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the Notification No.69/2000- Customs dtd. 19/5/2000.

(2.) By the Notification No.69/2000, the Central Government imposed anti-dumping duty on Metcoke (Metallurgical Code) falling under Heading No.27.04 of the First Schedule of the Customs Tariff Act, 1975 (for short, "the Act"), originating from China P.R. and imported into India of the amount equivalent to the rate indicated in the Notification (in Dollar terms) converted into Indian currency with reference to the rate of exchange in force as on date on which the bill of entry is presented under Sec. 46 of the Customs Act.

(3.) The petitioner is a private limited company wholly registered under the provisions of the Companies Act, 1956 and is engaged in the business of importing Low Ash Metallurgical Code (Metcoke) for the purpose of trade. The Metcode is classified under Heading 27.04 of the Schedule of the Act and are subject to basic customs duty at 15% ad valorem and auxiliary duty at the rate of 10% ad valorem. Metcoke is an important output for a number of industries including foundries, soda ash etc. There is a continuous requirement for importing Metcoke because the capacity of manufacturing Metcoke in India is limited to an installed capacity of only about 4 Lac Metric Tonne, which is not sufficient to meet the demand of over 2 Million Tonne.