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2022 (9) TMI 1132 - DELHI HIGH COURTLevy of ADD - petitioner has been categorized as “non-cooperative” - HELD THAT:- The concern of the petitioner is that the DA, for the purposes for the investigation has, inter alia taken steps to gather information from SMTIL, which, according to Mr Jain, is a process that is not contemplated under the 1995 Rules - The petitioner is apprehensive, that if SMTIL were to not furnish the information, then the consequences of such an approach would have to be borne by the petitioner, who is the exporter of the final product. It cannot be accepted by learned counsel for the respondents that the categorization of the petitioner as “non-cooperative”, at this point in time, is only preliminary in nature - The DA will have to consider the information supplied by the petitioner and thereafter conclude one way or the other as to whether or not the petitioner ought to be categorized as “non-cooperative”. The official respondents i.e., respondent nos.1 and 2, are put to notice that they would bear in mind the assertion made by the petitioner, which is, that the transaction data was furnished only on 05.09.2022, and therefore, it would require, if not more, at least a couple of days for responding to the same - Petition disposed off.
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