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TMI Blog2015 (1) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... rtue of the relevant rule. However, in exercise of the power conferred by the first proviso to the said rule namely Rule 17(1), the Central Government passed an order on 06.12.2013 extending the period by three months, namely, up to 09.3.2014. Thereafter, the Designated Authority recorded a preliminary finding in terms of Rule 12(1), recommending to the Government, the imposition of provisional anti dumping duty. Accepting the recommendation of the Designated Authority, the Government of India issued a notification on 11.4.2014 imposing provisional duty. 3. Challenging the preliminary findings dated 13.01.2014 of the Designated Authority and seeking a consequential mandamus to forbear the Designated Authority from proceeding any further with the investigation, the petitioner came up with a writ petition in W.P.No. 11683 of 2014. Simultaneously, the petitioner also came up with W.P. No.11684 of 2014 challenging the notification of the Government of India dated 11.4.2014, imposing provisional duty. Both these writ petitions were admitted and an interim order was passed directing the petitioner to pay 50% of the provisional duty as a condition for staying the entire demand. 4. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s taken up upon being mentioned by the learned counsel for the third respondent on the ground that the deadline, namely 09.6.2014 cannot be extended even by the Court. Hence, the stay was vacated on 09.6.2014. It appears that the Designated Authority passed an order and kept it in a sealed cover in view of the above developments. Thereafter, the respondents filed counter affidavits in the writ petitions and they were taken up for final hearing. The sealed cover now remains as a forbidden fruit though I do not know whether it is sweet or sour. 9. I have heard Mr.P.S.Raman, learned senior counsel appearing for the petitioner, Mr.G.Rajagopalan, learned Additional Solicitor General appearing for the Government of India and Mr.G.Masilamani, learned senior counsel appearing for the third respondent. 10. As stated earlier, there are four writ petitions on hand. The first writ petition challenges the preliminary findings rendered by the Designated Authority under Rule 12(1). The second writ petition challenges the notification of the Government of India imposing a provisional anti-dumping duty. The third writ petition challenges the extension notification dated 30.4.2014, by which the ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s or of monopolizing any part of trade and commerce in any such articles in the United States. Interestingly, the Anti Dumping Act of 1916 (US) is a criminal statute with criminal punishments. This Anti Dumping Act of 1916 continued to be in the statute book for 84 years until the Act was successfully challenged by European Union and Japan before the Appellate Body of W.T.O. In 2000, the Appellate Body of W.T.O. held the 1916 Act to be inconsistent with GATT 1994. Japan was forced to challenge the 1916 Act, since the provisions of the Act were sought to be invoked, to combat the import of steel from Japan. 15. Another Anti Dumping Act was enacted in 1921 in the United States, which was modelled on the Canadian statute. This 1921 Act was a deviation from the 1916 Act in the sense that the 1916 Act targeted predatory dumping, while the 1921 Act was conceived to be a protective measure for the domestic market. 16. After the Second World War, preparatory conferences were held between 1946 and 1947 for the purpose of reaching a General Agreement on Trade and Tariff, which came to be known as GATT. In the meeting of the Preparatory Committee, several countries such as Australia, Belgiu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng with the creation of the World Trade Organisation. 21. By Section 9-A inserted in the Customs Tariff Act, 1975, the Parliament empowered the Central Government to impose an Anti-Dumping Duty, when an article is exported by an exporter or producer from any country or territory to India, at less than its normal value. Sub-section (1-A) of Section 9-A of the Act also empowers the Central Government to extend the anti-dumping duty to such other articles, if they find upon enquiry that a circumvention of anti-dumping duty has taken place either by altering the description, or name, or composition of the article, which is subject to such anti-dumping duty. The Central Government also has the power under Sub-section (2) of Section 9-A to impose an anti-dumping duty on the basis of a provisional estimate of the value and margin, even during the pendency of the determination in accordance with the other Sub-sections of Section 9-A. However, the entire power under Section 9-A is subject to a restriction relating to time, imposed under Sub-section (5). Under this Sub-section, the anti-dumping duty imposed under Sub-section 9-A shall cease to have effect on the expiry of five years from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) the date of initiation of the investigation; (iii) the basis on which dumping is alleged in the application; (iv) a summary of the factors on which the allegation of injury is based; (v) the address to which representations by interested parties should be directed; and (vi) the time-limits allowed to interested parties for making their views known. (2) A copy of the public notice shall be forwarded by the Designated Authority to the known exporters of the article alleged to have been dumped, the Governments of the exporting countries concerned and other interested parties. (3) The Designated Authority shall also provide a copy of the application referred to in sub-rule (1) of Rule 5 to - (i) the known exporters or to the concerned trade association where the number of exporters is large, and (ii) the governments of the exporting countries: Provided that the Designated Authority shall also make available a copy of the application to any other interested party who makes a request therefor in writing. (4) The Designated Authority may issue a notice calling for any information, in such form as may be specified by it, from the exporters, foreign producers and other inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... giving its final findings, inform all interested parties of the essential facts under consideration which form the basis for its decision." In other words, before pronouncing its final findings, the Designated Authority is required by Rule 16 to put all interested parties on notice of the factual matrix that would form the basis for its final decision. Such a step is provided in the rules, perhaps on account of the fact that generally three parties are involved in the process of investigation. They are (i) the exporters or purchasers of the article in question from any country or territory into India, (ii) the importers who import such article into India, and (iii) the domestic manufacturer. 27. The manner in which and the time schedule within which the Designated Authority is obliged to render its final finding, are stipulated in detail in Rule 17. Rule 17(1) contains two stipulations, one relating to the time schedule within which the final findings are to be rendered and the second relating to the contents of such findings. Rule 17(1) reads as follows: "Rule 17: Final findings. - (1) The Designated Authority shall, within one year from the date of initiation of an investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity, would seal the fate of the aggrieved parties. 29. Keeping these aspects in mind, let us now come back to the case on hand. As I have pointed out earlier, 2 questions arise for consideration. They are (i) whether, after the expiry of the period, the Government of India was entitled to extend the period, by a notification dated 30.4.2014 retroactively from 09.3.2014, and (ii) whether the action of the Designated Authority in granting less than 24 hours notice to the parties to appear for a personal hearing and in rejecting their request for adjournment and proceeding to pass orders on the basis of written arguments, was in violation of the principles of natural justice. Issue No.(i): 30. The first contention of Mr.P.S.Raman, learned Senior Counsel for the petitioner is that Rule 17(1) obliges the Designated Authority to make a final determination within one year from the date of initiation of an investigation. The first proviso to Sub-Rule (1) of Rule 17 enables the Central Government, in its discretion, to extend the period by six months. The word "extend" appearing in the first proviso, is an indication that any order extending the period should also be passed before the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be construed with the intention of developing domestic industry. 34. I have carefully considered the rival submissions with reference to the statutory provisions. 35. As I have already indicated, it is only Section 9-A(1) of the Customs Tariff Act, 1975 that empowers the Central Government to impose an anti-dumping duty. The requirement to hold an enquiry, before imposing a duty under Sub-section (1), is provided by Sub-section (2). A careful look at all the eight Sub-sections of Section 9-A would show that the requirement to hold an enquiry is spelt out in Sub-section (1-A), Sub-section (2), Sub-section (6) and Sub-section (6-A). The nature of the enquiry contemplated under each of these Sub-sections, differ from one another. This can be best appreciated by having a close look at Section 9-A as it now stands, which reads as follows: "9-A. Anti-dumping duty on dumped articles (1) Where any article is exported by an exporter or producer from any country or territory (hereinafter in this section referred to as the exporting country or territory) to India at less than its normal value, then, upon the importation of such article into India, the Central Government may, by notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to its price in the country of origin. (1A) Where the Central Government, on such inquiry as it may consider necessary, is of the opinion that circumvention of anti-dumping duty imposed under sub-section (1) has taken place, either by altering the description or name or composition of the article subject to such anti-dumping duty or by import of such article in an unassembled or disassembled form or by changing the country of its origin or export or in any other manner, whereby the anti-dumping duty so imposed is rendered ineffective, it may extend the anti-dumping duty to such article or an article originating in or exported from such country, as the case may be. (2) The Central Government may, pending the determination in accordance with the provisions of this section and the rules made thereunder of the normal value and the margin of dumping in relation to any article, impose on the importation of such article into India an anti-dumping duty on the basis of a provisional estimate of such value and margin and if such anti-dumping duty exceeds the margin as so determined:- (a) the Central Government shall, having regard to such determination and as soon as may be after such de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: PROVIDED that if the Central Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury, it may, from time to time, extend the period of such imposition for a further period of five years and such further period shall commence from the date of order of such extension: PROVIDED FURTHER that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the anti-dumping duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year. (6) The margin of dumping as referred to in sub-section (1) or sub-section (2) shall, from time to time, be ascertained and determined by the Central Government, after such inquiry as it may consider necessary and the Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which articles liable for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , by holding that once a review is initiated before the expiry of five years, the anti-dumping duty will continue to remain in force for a further period of one more year, pending the outcome of the review. 38. Keeping the above scheme of Section 9-A in mind, if we come to the Rules, it could be seen that the Rules were issued in exercise of the powers conferred by Sub-section (6) of Section 9-A read with Sub-section (2) of Section 9-B. It is only in the Rules that a time limit is prescribed for the determination of two things, namely (a) whether or not the article under investigation is being dumped in India, and (b) the amount of duty that is required to be levied for the purpose of removing the injury, where applicable to the domestic industry. 39. In other words, the Parent Act or the superior legislation does not prescribe any time limit for the conclusion of an enquiry. It is only the subordinate legislation, namely the Rules, that stipulates a time limit for the completion of the investigation and for the recording of the final findings. In this background, let me look at the ratio laid down in the decisions relied upon by the learned senior counsel for the petitioner. 40 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mesne profits. The suit for ejectment was filed on the ground that the option for extension of lease was not exercised by the lessee before the expiry of the period of lease. When the matter went to the Supreme Court, one of the questions that was taken up for consideration was as to whether the lessees had acquired the status of what was known as 'Thika Tenants' with reference to an ordinance known as Calcutta Thika Tenancy Ordinance. The Ordinance prescribed a period of not less than 12 years, as the duration of the lease, for a person to claim the benefit of the status. Therefore, the question that arose was as to whether the extension sought after the expiry of the period of lease, would enable them to claim that status or not. It is in that context the Supreme Court drew a distinction between the words 'extension' and 'renewal'. It was stated in paragraph 14 as follows : "It is pertinent to note that the word used is 'extension' and not 'renewal'. To extend means to enlarge, expand, lengthen, prolong, to carry out further than its original limit. Extension, according to Black's Law Dictionary, means enlargement of the main body; ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... five years from the date of imposition. The First Proviso to Sub-Section (5), which enables the Central Government to extend the period of imposition, made it clear that the extended period would commence only from the date of the order of extension. An exception was carved out to this rule under the Second Proviso, which enables the anti dumping duty to continue for a period not exceeding one year, if a review, initiated before the expiry of the initial period of five years could not be completed before the expiry. Therefore, the interpretation given by the Division Bench of the Delhi High Court to the word 'extension' appearing in the provisos to Sub-Section (5) of Section 9A cannot be blindly applied to cases of this nature. As I have pointed out earlier, the Division Bench of the Delhi High Court was concerned with the prescription contained in the Parent Act itself and not the one contained in the subordinate legislation. 47. In Brooke v. William Clarke [(1818) 1 Barnewall and Alderson 396], the Court was concerned with the interpretation of a statutory provision, which entitled the authors of works of literature to an extension of their copyright in the literature. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uncil having expired on 27.01.1997, the State Council ceased to have any jurisdiction to conduct the elections. The High Court rejected the challenge on the ground that the term of the Kerala Bar Council should be treated to have been extended by the Bar Council of India, in view of the resolution passed on 08.02.1997. When the matter landed up in the Supreme Court, the Supreme Court considered the scope of the expression "extend" appearing in the proviso to Section 8 of the Advocates Act, 1961 and held in paragraph 12 that extension ought to have been granted before the expiry of the original term, so as to maintain continuity of office. 50. But, a careful look at the discussion in paragraphs 17 to 30 of the decision in Babu Verghese would show that the focal point of debate before the Supreme Court was about the validity of the resolution passed by the Bar Council of India by a process of circulation, as provided in Rule 6 of the Bar Council of India Rules. On facts, the Supreme Court found that the resolution passed by circulation did not speak about confirmation of an action taken by the Bar Council. Eventually, the Supreme Court held in paragraph 30 that all the requirements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation is concluded and a finding in favour of the importer is recorded, since in such cases a right accrues. 54. If we analyse carefully, all the decisions relied upon by the learned senior counsel for the petitioner, it will be clear that in all those cases, either a right accrued in favour of the person concerned, upon the expiry of the period stipulated, or the extension granted post facto, had the effect of taking away a right already vested in him. 55. But, in the case on hand, no right got created or accrued in favour of the petitioner, upon the expiry of either the original period, namely 09.12.2013, or upon the expiry of the period of first extension, namely 09.3.2014. This is also not a case where the retroactive extension (to borrow the very same expression used by the petitioner) ordered on 30.4.2014, sought to take away any vested right created in favour of the petitioner during the period from 09.3.2014 to 30.4.2014. If an order of extension does not either take away any vested right or extinguish any right sought to be created by efflux of time, such an extension cannot be assailed, on the sole ground that it was not granted, during the life of the thing its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by non-compliance with it, it has to be regarded as mandatory. But when a provision of law relates to the performance of any public duty and the invalidation of any act done in disregard of that provision causes serious prejudice to those for whose benefit it is enacted and at the same time who have no control over the performance of the duty, such provision should be treated as a directory one." 59. Therefore, it is clear that if the condition imposed by the provision of law to do a certain thing within a time frame is upon an authority (such as the Designated Authority in this case) and the consequences of the failure of that authority to comply with the condition, is to fall upon someone else (such as the persons in the domestic market) who have no control over the authority which is to perform the duty, then the provision of law cannot be construed as mandatory, but only directory. 60. In Commissioner of Income Tax v. Ajanta Electricals [(1995) 81 Taxman 166 (SC)], the Supreme Court was concerned with a case where notices under Section 139(2) of the Income Tax Act, 1969 were served on a partnership firm and its partners in respect of the assessment year 1966-67, calling upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... power conferred upon an authority to fix a time limit for doing something would include a power to extend the same also. In such cases, according to the learned senior counsel, there are no fetters upon the manner of exercise of such a power. 62. But, a careful look at Section 139(2) of the Income Tax Act, 1961, would show that the period of 30 days within which a return of income should be filed upon service of notice by the Assessing Officer, is fixed by the statute itself. The proviso to Sub-section (2) confers power upon the Assessing Officer to extend the date for furnishing of the return. In other words, Ajanta Electricals is also a case where the statute prescribes a time limit within which an act is to be performed and the Assessing Officer is conferred with a power to grant extension of time. Therefore, the contention of Mr.P.S.Raman, learned senior counsel for the petitioner may hold good in respect of the prescription contained in Section 148 of the Code of Civil Procedure and the decisions arising out of the same. It may not be wholly correct insofar as cases arising under Section 139(2) of the Income Tax Act are concerned. 63. Another simple test to determine whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sunset review commences "before the expiry of the period of five years", but fails to conclude before the said date, the interpretation to be given to the word extension is made as clear as a crystal. Therefore, I am of the view, on the first issue that the extension granted under the first proviso to Rule 17(1), after the expiry of the original period, was perfectly valid. Issue No.(ii): 66. The second issue that arises for consideration is as to whether the final order passed by the Designated Authority on 09.06.2014 which is kept in the sealed cover, is in violation of the principles of natural justice or not. 67. The contention regarding violation of principles of natural justice, lies in a very narrow compass. As I have stated earlier, the investigation was initiated on 10.12.2012. Public Notices were issued in terms of Rule 6 and Foreign Exporters, Domestic Manufacturers and Domestic Importers were given an opportunity to present their perspective. Even evidence was recorded and oral hearing was completed before the Designated Authority. The Designated Authority also recorded a provisional finding on 13.01.2014. 68. But, by 09.03.2014 the first extension granted on 06.12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Designated Authority to grant a personal hearing vitiated the proceedings, the Supreme Court observed as follows in paragraphs 83 and 84 of the said decision: "83. The procedure prescribed in the 1995 Rules imposes a duty on the DA to afford to all the parties, who have filed objections and adduced evidence, a personal hearing before taking a final decision in the matter. Even written arguments are no substitute for an oral hearing. A personal hearing enables the authority concerned to watch the demeanour of the witnesses, etc. and also clear up his doubts during the course of the arguments. Moreover, it was also observed in (Gullapalli Nageswara Rao v. A.P.SRTC, AIR 1959 SC 308), if one person heaqrs and other decides, then personal hearing becomes an empty formality. 84. In the present case, admittedly, the entire material had been collected by the predecessor of the DA; he had allowed the interested parties and/or their representatives to present the relevant information before him in terms of Rule 6(6) but the final findings in the form of an order were recorded by the successor DA, who had no occasion to hear the appellants herein. In our opinion, the final order passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. represented by Lakshmikumaran & Sridhran (having office at Delhi) ii. Zhejiang Yueling Co.Ltd. represented by World Trade Consultants. iii. Zhejiang Buyang Auto Wheel Co.Ltd. represented by World Trade Consultants (having office at Delhi) iv. Zhejiang Autom Aluminum Wheels Co.Ltd. represented by World Trade Consultants (having office at Delhi) v. Baoding Lizhong Wheels Manufacturing Co.Ltd. along with MET response of the related companies namely Hebei Lizhong Non-ferrous Metals Group Co.Ltd. (related raw material supplier), Qinhuangdao Dicamry Wheel Co.Ltd. Tiaanjin Dicastal Wheel ManufacturingCo.Ltd. and Tianjin Lizhong Wheel Co.Ltd. represented by World Trade Consultants (having office at Delhi) Korea RP vi. Artisan Spirit & Alloy Co.Ltd. (producer)-represented by APJ SLG Law office. vii. GM Korea Company (exporter)- represented by APJ SLG Law office. viii.Hands Corporation (producer)-represented by World Trade Consultants (having office at Delhi). ix. Hyundai Glovis Co.Ltd. (exporter)-represented by World Trade Consultants (having office at Delhi) 4. Importers x. Hyundai Motors India Ltd. - represented by World Trade Consultants (having office at Delhi) xi. Genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Mr.G.Masilamani, learned senior counsel for the third respondent that the petitioner cannot complain of violation of principles of natural justice. In support of his contention, the learned senior counsel relied upon the decision of the Supreme Court in Sohan Lal Gupta v. Asha Devi Gupta [(2003) 7 SCC 492], where the Supreme Court indicated the conditions required to be observed for constituting a reasonable opportunity in paragraph 23 as follows:- "23. For constituting a reasonable opportunity, the following conditions are required to be observed: 1. Each party must have notice that the hearing is to take place. 2. Each party must have a reasonable opportunity to be present at the hearing, together with his advisers and witnesses. 3. Each party must have the opportunity to be present throughout the hearing. 4. Each party must have a reasonable opportunity to present evidence and argument in support of his own case. 5. Each party must have a reasonable opportunity to test his opponent's case by cross-examining his witnesses, presenting rebutting evidence and addressing oral argument. 6. The hearing must, unless the contrary is expressly agreed, be the occasion on whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is impossible to jump to any conclusion, without carefully analysing the fact situation. 82. It is true that the decision of the Supreme Court in Automotive Tyre Manufacturers' Association arose out of an identical fact situation and it is almost next to impossibility, to overcome the ratio laid down therein. If at all one can fish out any distinction between the facts out of which the aforesaid decision arose and the facts out of which the case on hand arose, it is only in one fact. However insufficient the time granted in this case may be, a notice of personal hearing was nevertheless issued in this case. But, in the case before the Supreme Court, no opportunity of hearing was granted by the newly appointed Designated Authority. Except this one difference on facts, which distinguishes the case on hand only by a hair's breadth, the decision of the Supreme Court appears to apply to the case on hand, on all fours. 83. But, it appears that a very crucial distinction has been lost sight of at all levels. An investigation by a Designated Authority under the Rules in question, is not like (i) a criminal charge, (ii) a domestic enquiry against an employee, or (iii) a quasi jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion than upon oral information. 88. Sub-rule (7) of Rule 6 read with Rule 7, clearly shows the extent to which, the principles of natural justice could be imported into the investigation. Under Rule 6(7), the Designated Authority is obliged to make available, the evidence presented to it by one interested party, to the other interested parties participating in the investigation. But, under Rule 7(1), the Designated Authority, upon being requested to do so, can treat the information furnished to it, as confidential. This is notwithstanding anything contained in Rule 6(7). 89. Therefore, it is clear that all the normal rules that cumulatively constitute the principles of natural justice, do not apply to an investigation under these Rules. In a case of routine nature, all information furnished by a party and all documents relied upon by him, ought to be supplied to the opposite party, to enable the opposite party to effectively meet the same. In fact, the Courts have gone to the extent of saying that an Inquiring Authority cannot even look into any information collected behind the back of the person against whom an inquiry is conducted. This principle is recognised as an essential a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us, the opportunity of being heard "must be tailored to the capacities and circumstances of those who are to be heard". 93. There are exclusions to the application of the rule of hearing or affording an opportunity of hearing, to cases where nothing unfair can be inferred by not affording an opportunity of hearing to a person to meet the case. As pointed out by the Supreme Court in Union of India v. W.N.Chadha [(1993) Supp. 4 SCC 260], the rule of hearing cannot be applied to defeat the ends of justice or make the law "lifeless, absurd, stultified, self-defeating or plainly contrary to the common sense of the situation". The Court pointed out that the rule may be jettisoned in exceptional circumstances where compulsive necessity so demands. 94. In Automotive Tyre Manufacturers Association, the Supreme Court went by the orthodox view that a person who hears should decide. But, in my considered view, the Supreme Court did not consider the fine distinction between an opportunity of hearing to be provided to a large number of persons, in cases requiring a public hearing (in contra distinction to a hearing in public) and an opportunity of personal hearing or oral hearing granted to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged a Government order transferring/assigning certain lands in their village to the State Industries Promotion Corporation of Tamil Nadu for the development of an industrial park. The challenge was on the ground that under an agreement entered into between the Department of Forests and the Panchayat, the land was put to use by the community at large for an afforestation program. Therefore, the association contended that the conversion of such a land intended for the purpose of afforestation to industrial purpose was unlawful, especially when it was also done in violation of the principles of natural justice. Rejecting the contention regarding violation of natural justice, a Division Bench of this Court held in the said decision that in view of the publication of a notice in the village and in view of the participation of a number of members of the public, the argument relating to violation of natural justice cannot be sustained. Though the Division Bench did not directly deal with the distinction between cases which require a public notice and a public hearing and cases where individual notice and individual hearing are warranted, the Division Bench indicated that in cases of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and collection of anti-dumping duties, Article 10 provided for retro activity, Article 11 provided for duration and review of duties, Article 12 dealt with public notice and explanation of determinations, Article 13 provided for judicial review, Article 14 contained provisions for anti-dumping action on behalf of a third country, Article 15 contained provisions for developing country members, Article 16 spoke about Committee on anti-dumping practices, Article 17 dealt with consultation and dispute resolution and Article 18 contained final provisions. 99. A careful look at the Scheme of Article 6 of the said Agreement, formulated for implementation of Article VI of GATT 1994, would show (i) that what was contemplated was only a participation of a large group of persons in an investigation that was intended to be public and (ii) that oral submissions were made subordinate to written submissions. Paragraphs 6.2 and 6.3 of Article 6 make this amply clear and hence, they are extracted as follows: "6.2. Throughout the anti-dumping investigation all interested parties shall have a full opportunity for the defence of their interests. To this end, the authorities shall, on request, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... burdensome to the authorities and prevent the timely completion of the investigation. Voluntary responses shall not be discouraged." 101. Even in respect of notices to be issued for the hearing by the Designated Authority, Article 12 of the aforesaid Agreement contains detailed provisions. These provisions also make it abundantly clear that what is contemplated is not an oral hearing, in the strict sense of the term. Therefore, the entire Scheme of GATT 1994 and the provisions of the Act and the Rules, focus on (i) public notices, (ii) collection of information, (iii) interpretation of the information, and (iv) the recording of findings regarding dumping. Hence, the principles of natural justice as applicable to investigation/inquiries against individuals, may not have a strict application to the investigation under the Anti-dumping Rules. 102. The above interpretation is also fortified by the fact that all the information collected by the Designated Authority in the course of investigation, cannot and need not be shared with all the parties to the investigation. Whenever a party to an investigation claims confidentiality, the Designated Authority is obliged to accede to the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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