Anti Dumping Duty on Saccharin - Government Amends Non-Existing Notification - Error Rectified!
DDT 1656 – 21.07.2011 had pointed out that the Government had amended a non-existing notification No. 41/2007, instead of amending Notification No. 136/2009 dated 09.12.2009, thereby jeopardizing the very levy of anti dumping duty. DDT also mentioned that the Notification factory in the Board needs urgent repairs .
Government has acted pretty fast and issued a corrigendum to Notification No. 62/2011 dated 19.07.2011 to read 136/2009 instead of 41/2007.
Can an Under Secretary amend a notification by issue of a corrigendum? A Notification has force of Law, is presented in Parliament and obviously issued after approval by very high-ranking authorities including the Law Ministry. Does the Corrigendum issued by an Under Secretary enjoy the same status? And if so, can they go on making corrections in the notifications any time they want by issue of corrigenda? And what is the difference between amendment and corrigendum? Is a corrigendum not a result of irresponsible exercise of delegated legislation?
Board is above board!
CBEC F. No. F. No. 354/54/2006-TRU (Pt.II), Dated: July 25, 2011