TMI Blog2018 (11) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... I 1294 - DELHI HIGH COURT] has held that an appeal under Section 9C of the Tariff Act would be available even in case of an order of termination of proceedings for imposition of Anti-Dumping duties. There is an efficacious alternative remedy to the Tribunal is available from the impugned order dated 25th January, 2018. Therefore, we have not examined the merits of the petitioner's grievance. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Fibre (goods) under the Customs Tariff Act, 1975 (Tariff Act) r/w Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles for Determination of Injury) Rules, 1995 (Anti Dumping Rules) and investigating into it found imposition of Anti Dumping Duty not warranted. The impugned order rejects the application by its final finding under Section 9B(bii) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion invoking the extraordinary writ jurisdiction of this Court. 3. However, Mr. Sridharan, very fairly points out that after the petition was filed, the Hon'ble Delhi High Court in the case of Jindal Poly Film Ltd. Vs. Designated Authority Anr. (Writ Petition (Civil) No.8202 of 2017) decided on 20th September, 2018 has held that an appeal under Section 9C of the Tariff Act would be av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontext of the statutory provisions we would reject the argument of the petitioner that Section 9C postulates an appeal only against order of determination in the form of notification imposing anti dumping duty and not against the negative final finding of the Designated Authority. To say that in case of negative findings the Designated Authority in its order of determination goes into the questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a fide understanding that no appeal is available under the Tariff Act. The time to file an appeal under Section 9C of the Act is 90 days from the date of the impugned order which is sought to be challenged. Therefore, in the above view, it would only be fair that in case the petitioner does file an appeal from the impugned order under Section 9C of the Tariff Act within a period of three weeks fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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