Anti Dumping Duty on Flexible Slabstock Polyol - unabated Resurrection!
RESURRECTION of dead notifications has become a regular practice with the CBEC, in spite of the fact the LAW is against it and the Courts have held against such retrospective validation and even the Board itself issued a Circular against such practice. The Board apparently has no respect for the Law or the Courts or even its own directions.
The latest resurrection is of the Anti Dumping Notification No.89/2009-Cus dated 31.08.2009 which was valid till 30th August 2014. By 30th August, the Government could not extend this validity. After 25 days of its death, they have now extended it till 30th day of August 2015.
The Delhi High Court had in held that a definitive/final anti-dumping duty can be collected beyond the stipulated period only when a notification extending the levy has been issued, before the expiry of the parent notification.
All that the aggrieved parties need to do now is to go to the High Court to get the extension quashed.
Notification No. , Dated: September 25, 2014