AJANTA PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Mr. R. J. Oza, learned senior standing counsel waives service of notice of rule on behalf of the respondents No.2 to 4 and Ms. Maithili Mehta, learned standing counsel waives service of notice of rule on behalf of the respondent No.1. Having regard to the controversy involved in the present case, which lies in a very narrow compass, with the consent of the learned counsel for the respective parties, the matter was taken up for final hearing today.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner seeks an order or direction holding and declaring that the action of the respondents No.2 to 4 of seeking to levy anti-dumping duty on imports of glass in sheets from China PR classified under Tariff Item 70049099 is without jurisdiction and without authority of law.

(3.) The facts stated briefly are that the petitioner company is engaged in the business of manufacturing quartz analog clocks and time pieces. The clock manufacturers require high clarity, non-coloured, non-tinted, non-opaque glass in sheets which falls under Tariff Item 70049099 of Chapter 70 of the First Schedule to the Customs Tariff Act, 1975 (hereinafter referred to as "the Act"). Pursuant to an application filed by one Bharat Glass Tube Limited on behalf of the domestic industry, the designated authority initiated anti-dumping investigations concerning sheet glass under the provisions of the Customs Tariff (Identification, Assessment and Collection of AntiDumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as "the rules"). The petitioner appeared and made its submissions before the designated authority, inter-alia, submitting that the glass imported by the petitioner was different from the window glass manufactured by the domestic manufacturers in India, and that the domestic manufacturers were not manufacturing glass required for wall clocks and hence, it was necessary to import such glass, etc.