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Supreme Court of India 2020-09-01 allowed

Designated Authority & Ors vs Andhra Petrochemicals Limited

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court examined a special leave petition challenging an anti-dumping investigation initiated by the Designated Authority into imports of normal butanol from Saudi Arabia and other countries. The Court held that while judicial review is an important right, it should be exercised circumspectly and should not serve as continuous oversight of the Designated Authority's functions. The Court set aside orders that had issued specific directions for investigation and contempt proceedings, and orders directing replacement of the incumbent Designated Authority. The Court emphasized that investigations must adhere to statutory time limits under the Customs Tariff Act, with extensions permitted only up to five years after due review. The appeals were allowed.

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Administrative Law Customs Law Anti-dumping Duty Judicial Review Tariff

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