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2010 (3) TMI 310 - HC - CustomsAnti-dumping duty- challenge to Custom Tariff (Identification, Assessment and collection of anti-Dumping Duty on Dumped Article and Determination of injury) Rules, 1955 being ultra vires Article 14 of Constitution of India. Jurisdiction of Tribunal- preliminary objection of availability of alternative remedy and that Tribunal can look into validity of rules. Reliance placed on L. Chandrakumar’s case for Tribunals created under law. Article 323A and 323B contemplate establishment of Tribunals created under law. Article 323A and 323B contemplate establishment of Tribunals under statute which provide for such establishment and did not create them. Such Tribunal having independent statutory existence have power to test constitutional validity of statutory provisions. No power prima facie, conferred on Appellate Tribunal established under section 129 of custom act to decide validity of rules. Petition before High Court maintainable.
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