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february 2005

Supreme Court of India · 2005-02-22

M/S. S & S. Enterprise vs Designated Authority & Ors

Citation / case number
AIR 2005 SUPREME COURT 1527
Court
Supreme Court of India
Petitioner
M/S. S & S. Enterprise
Respondent
Designated Authority & Ors
Author
Ruma Pal
Bench
Ruma Pal, Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the interpretation of Rule 14(d) of the Customs Tariff (Anti-Dumping Duty on Dumped Articles and for Determination of Injuries) Rules, 1995, by the Designated Authority and the Tribunal was incorrect, as it improperly considered the value of imports rather than the volume. The Court emphasized that under Section 9A of the Customs Tariff Act, 1975, a negligible quantity of imports, defined as less than 3%, should lead to immediate termination of the investigation. Consequently, the imposition of anti-dumping duty was deemed unjustified, and the appeal was allowed, overturning the Tribunal's decision.

M/S. S & S. Enterprise vs Designated Authority & Ors · Niyam