GEETA VINAY IMPEX Vs. DESIGNATED AUTHORITY MINISTRY OF

JUDGEMENT

(1.) THE appellants, M/s, Geeta Vinay Impex had imported measuring tapes and cleared the same under bill of entry No. 306336 dated 22nd April, 2003. Subsequently, they received a show cause notice dated 8th August, 2003 from the Dy. Commissioner of Customs, ICD, New Delhi demanding duty of Rs. 14,54,676 as anti -dumping duty. The appellants, therefore, filed appeal challenging the show cause notice and the notification No. 147/2003 -Cus dated 7th October, 2003 and the final findings of the designated authority notified on 1st September, 2004 under notification No. 14/31/2002 -DGAD -dated 1st September, 2003. They also filed misc. application and stay application.

(2.) THEIR application and the appeal was opposed by the domestic industry on the ground that they have no locus standi for filing this appeal.

(3.) THE appellants pleaded that they are the aggrieved person and, therefore, they have right to appeal under Section 129A of the Customs Act and Section 9C of the Customs Tariff Act. It was contended on behalf of the appellants that this tribunal in case of Lubrizol (India) Private Limited v. Designated Authority has held that "the expression "person aggrieved" is not confined only to persons, who can establish that they have a legal interest at stake in the making of the decision, it would cover a person, who can show a grievance, which will be suffered as a result of the decision complained of, because the decision directly affects the existing or future legal rights of such person. The decision may affect the person in the conduct of business or may affect his right against third parties". It was, therefore, pleaded that since they are importer, Page 266 they are the interested party and by imposition of anti -dumping duty, their businesses are affected.