Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2005

Supreme Court of India · 2005-02-23

SHENYANG MASTSUSHITA S. BATTERY CO.LTD. vs M/S. EXIDE INDUSTRIES LTD. .

Citation / case number
SC 2003/16186
Court
Supreme Court of India
Petitioner
SHENYANG MASTSUSHITA S. BATTERY CO.LTD.
Respondent
M/S. EXIDE INDUSTRIES LTD. .
Author
RUMA PAL
Bench
RUMA PAL,ARIJIT PASAYAT,C.K. THAKKER

Judgment text excerpt

The Supreme Court addressed the applicability of anti-dumping duties under Section 9A of the Customs Tariff Act, 1975, determining whether the appellant-company operated on Market Economy Principles during the specified period. The Court clarified that the normal value of goods must be assessed based on the principles outlined in the Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Articles and for Determination of Injuries) Rules, 1995, particularly for non-market economies. The Court upheld the need for a proper determination of normal value and margin of dumping, emphasizing the role of the Designated Authority in this assessment.

SHENYANG MASTSUSHITA S. BATTERY CO.LTD. vs M/S. EXIDE INDUSTRIES LTD. . · Niyam