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february 2005

Supreme Court of India · 2005-02-23

Shenyang Mastsushita S.Battery Co. Ltd vs M/S. Exide Industries Ltd. & Ors

Citation / case number
AIRONLINE 2005 SC 851
Court
Supreme Court of India
Petitioner
Shenyang Mastsushita S.Battery Co. Ltd
Respondent
M/S. Exide Industries Ltd. & Ors
Author
Ruma Pal
Bench
Ruma Pal, Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court analyzed whether the appellant-company operated on Market Economy Principles under the Customs Tariff Act, 1975, specifically Section 9A and the Customs Tariff Rules, 1995, during the period from January 1, 2000, to September 30, 2000. The Court held that the determination of normal value for anti-dumping duties must consider the principles set forth in the Rules, particularly for non-market economies, and emphasized the need for a reasonable basis for such determinations. The appeal was adjudicated in favor of the principles outlined in the Customs Tariff Act and Rules, affirming the methodology for assessing anti-dumping duties.

Shenyang Mastsushita S.Battery Co. Ltd vs M/S. Exide Industries Ltd. & Ors · Niyam