TMI Blog2006 (1) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Duty is imposable, in which case the Central Government shall within forty-five days of the publication of final findings by the Designated Authority withdraw the provisional duty imposed, if any. None of these Rules deals with a situation where the Designated Authority submits a report that Anti-Dumping Duty is not imposable but the Central Government disagrees with this conclusion. Moreover, Section 9A of the Act does not provide for any limitation. When the parent Act does not provide for a limitation for doing some act, then obviously such limitation cannot be prescribed by the Rules because the Rules are subordinate to the Act. Full play of Section 9A of the Act cannot be controlled by Rules as Rules are only a piece of delegated le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Government imposing or not imposing Anti Dumping Duty. The Designated Authority under Rule 3 only assists the Central Government in making the determination and, in our opinion, its recommendation is not binding on the Central Government as also held by the Supreme Court in Saurashtra Chemicals Ltd. v. Union of India - 2000 (118) E.L.T. 305. 5. The grievance of the writ petitioner was that, in fact, Anti Dumping Duty should have been imposed but the Designated Authority has given a wrong report that no Anti Dumping Duty is imposable. 6. In our opinion, this report of the Designated Authority being only a recommendation, does not create any rights or liabilities. The Central Government can disagree with the recommendation under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... administrative orders under Articles 73 or 162 of the Constitution. 11. Section 9A of the Act is in the second layer of the hierarchy and hence any Rule made under the Act will have to be read so as to be in conformity with Section 9A and not in conflict with it. 12. Section 9A of the Act makes it clear that it is only the Central Government which can impose Anti Dumping Duty and no other authority. Hence, the report of the Designated Authority can at best amount to a recommendation and, in fact, it is regarded as such under Rule 4(1)(d). Hence, it does not create any rights or liabilities and the Central Government can disagree with this recommendation. 13. Learned counsel for the appellant submits that Rule 4(1)(d) is ultra vires. We do n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification in the Official Gazette within three months of the date of the publication of final findings by the Designated Authority. Rule 18(4) deals with a situation where the Designated Authority finds that no Anti-Dumping Duty is imposable, in which case the Central Government shall within forty-five days of the publication of final findings by the Designated Authority withdraw the provisional duty imposed, if any. 18. None of these Rules deals with a situation where the Designated Authority submits a report that Anti-Dumping Duty is not imposable but the Central Government disagrees with this conclusion. 19. Moreover, Section 9A of the Act does not provide for any limitation. When the parent Act does not provide for a limitation for d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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