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Supreme Court of India

Automotive Tyre Manufacturers Association v. The Designated Authority & Ors.

Neutral citation
Reported as [2011] 1 S.C.R. 198
Bench O.K. Jain and H.L. Datiu JJ.
Decided 7 January 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that refund of the duty to any of the appellants would be inconsistent with the object and scheme of the Tariff Act and the 1995 Rules. .. I.

Judgment, page 68

From the headnote

Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995: Rules 4, 5, 6, 10 11 and 17 r/w s. 9 of Tariff Act - Investigation and findings by Designated Authority as to existence, degree and extent of alleged dumping, determination of normal value, export price and margin of dumping and determination of injury -HELD : DA performs quasi-judicial functions under the Tariff Act read with Rules and is bound to act judicially -While determining the . existence, degree and effect of the alleged dumping the DA

Authorities it was built on

Where later benches applied it

Of those, 5 referred to · 2 mentioned · 1 not applicable

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