KAIL LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner prayed for an order restraining the respondent from imposing anti -dumping duty on the import of the Ultra Slim Colour Picture Tubes in terms of the notification dated 24th July, 2008. By referring sub -section (4) of Sec. 9A of the Customs Tariff Act, 1975, the petitioner says that the antidumping duty imposed under the aforesaid Section, unless revoked earlier, shall cease to have effect on the expiry of five years from the date of such imposition. According to the petitioner no further extension is notified by operation of the aforesaid provision. The imposition of the anti -dumping duty is impermissible and in violation of the statutory provision.

(2.) When the matter was moved earlier, the learned advocate for the respondents prayed for an adjournment to take instruction in this regard.

(3.) Mr. Bharadwaj, the learned advocate for the Customs Authorities, on instructions, submits that anti -dumping duty which was imposed on the basis of a notification dated 24th July, 2008, has not been extended by further notification and the Customs Authorities have never contemplated to demand the antidumping duty from the petitioner.