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2019 (2) TMI 975 - HC - CustomsAnti-Dumping Duty - Cold Rolled Coils by Chinese and other manufacturers in India - marginal injury - Section 9C of the Customs Tariff Act, 1975 - Held that:- The CESTAT’s approach, we regret to note, is wholly inconsistent with this Court’s order and directions in Manali Petrochemicals Limited vs. Union of India & Ors. [2017 (1) TMI 1018 - DELHI HIGH COURT]. The Court had on that occasion, in similar circumstances, noted the nature of Section 9C of the Customs Tariff Act, 1975 and inter alia held The CESTAT has in essence, treated an appellate remedy (otherwise a compulsive jurisdiction) to be alternative and discretionary, robbing it of substantial content. The failure of the CESTAT to adjudicate the petitioners’ appeal, in the opinion of this Court, is inexplicable. Its impugned order, is completely at variance with the directions in Manali Petrochemicals. The Court is also cognizant of the fact that the proceedings before the Supreme Court have not in any manner restrained CESTAT from performing its statutory duty of adjudicating on the appeals pending before it. The CESTAT’s approach of ‘washing its hands’ of the duty cast upon is, therefore, deprecated in the strongest terms. The impugned order is set aside and the appeals preferred by the petitioners before it are restored to the file of CESTAT - petition disposed off.
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