Validation of modification in classification of certain goods leviable to antidumping duty With retrospective effect.
88. (1) The notification of the Government of India in the Ministry of Finance (Department of Revenue) number G.S.R. 186 (E), dated the 22nd February, 2016 amending the notification number G.S.R. 804 (E), dated the 21st October, 2015, issued in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975.) read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 shall be deemed to have, and always to have, for all purposes, validly come into force on and from the 21st day of October, 2015.
(2) Refund shall be made of all such anti-dumping duty which has been collected, but which would not have been so collected, if the notification referred to in sub-section (1) been in force at all material times.
(3) An application for refund of anti-dumping duty referred to in sub-section (2) shall be made within a period of six months from the date on which the Finance (No.2) Bill, 2019 receives the assent of the President.
Notes on Clauses:
Clause 88 of the Bill seeks to give retrospective effect to the notification number G.S.R. 186 (E), dated the 22nd February, 2016, amending the notification number G.S.R. 804 (E), dated the 21st October, 2015, issued under sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975, so as to retrospectively modify the tariff classification of the goods leviable to anti-dumping duty from tariff heading “5402” to tariff sub-heading “5402 47” on and from the 21st day of October, 2015 to 22nd day of February, 2016.
