w w w . L a w y e r S e r v i c e s . i n



Dujodwala Products Ltd V/S Commissioner of Customs (Exports)

    Appeal No. C/736/2008 (Arising out of Order-in-Appeal No. 180/2008/MCH/D.C/VII/07-08 Dated: Passed by the Commissioner of Central Excise (Appeals), Pune -II) and Order No. A/89926/17/CB

    Decided On, 18 September 2017

    At, Customs Excise Service Tax Appellate Tribunal West Zonal Bench At Mumbai

    By, THE HONORABLE JUSTICE: D.N. PANDA
    By, MEMBER AND THE HONORABLE JUSTICE: C.J. MATHEW
    By, MEMBER

    For Petitioner: D.H. Nadkarni, Advocate And For Respondents: Trupti Chavan, Asstt. Commissioner (AR)



Judgment Text


1. Learned Counsel for the appellants says that after hearing of the matter by Commissioner (Appeals) the appellant made application under RTI Act, 2005 to ascertain the date on which the Public Notice in Gazette was made available to the Public. Unless the levy sees the light of the day through the gazette made available to public, no levy can be imposed. According to appellant RTI exercise shows that the decision of Government was in public domain on 25/10/2008 while anti dumping duty has been levied on 20/10/2005. The controversy as above is to be resolved by factual enquiry by learned adjudicating authority from the Government press from where gazette of India is published. Enquiry result is to be confronted to the appellant and recording pleadings and evidence of appellant, appropriate decision shall be taken by the learned adjudicating authority following the ratio laid down by the apex Court in the Jindal Industries v. Union of India : 2002 (

Please Login To View The Full Judgment!

145) ELT 508 (Del.). 2. Accordingly the matter is remanded to the learned adjudicating authority.
O R