Tribunals and CommissionsFull Bench(2016) 08 CESTAT CK 0009

Sandeep Organics Pvt. Ltd. vs Designated Authority And Ors.

Customs, Excise And Service Tax Appellate Tribunal · Decided on 24 August 2016

HON’BLE JUDGES
Dr. Satish Chandra, J · S.K. Mohanty, J · B. Ravichandran, Technical Member
RESULT
Dismissed
CASE NUMBER
Anti Dumping Condonation of Delay No. 254 Of 2012, Anti Dumping Appeal No. 19 Of 2012

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Judgment

10 paragraphs · 173 words
1.

The application is for condoning the delay in filing the above appeal. The applicant prays that the appeal is filed challenging final finding of the

Designated Authority of Ministry of Commerce dated 3.5.2011 and Customs Notification No.58/2011 dated 8.7.2011. The appeal should have been

filed on or before

2.

Ld. Counsel prayed that the delay may be condoned as the fact that the domestic industry stopped manufacturing the subject goods on 1.3.2011

itself came to their knowledge only after the issue of final notification no.20.02.2012. We find that the delay of 220 days has not been explained

properly by the ld. Counsel. The reason adduced is not tenable as the challenge is against the notification dated 8.7.2011. We also note that the same

appellant has filed another appeal on the final recommendation of Designated Authority dated 10.02.2012 recommending revocation of anti-dumping

duty. There is no justifiable reason adduced for causing this delay and accordingly, the application is dismissed. The appeal is also accordingly

dismissed as filed beyond time.

[Order pronounced on 24.8.2016]