Article

Retrospective amendments to Tribunal’s appellate jurisdiction under trade remedy laws: To be or not to be!

By Devinder Bagia and Aayush Rastogi

The retrospective amendments proposed by the Finance Bill, 2023 to Section 9C and other related provisions of the Customs Tariff Act, 1975 have tried to resolve the dispute regarding powers of the CESTAT to entertain appeals against the Ministry of Finance’s refusal to impose the trade remedy measures despite receiving positive recommendations from the DGTR. The article in this issue of International Trade Amicus traces the background of the issue, the previous jurisprudence thereon, the recent amendments proposed, and concludes with some comments for the readers. The authors opine that if the amendments have their intended effect, the domestic industry in India will not have a statutory appeal remedy against the MoF’s decisions not to impose the measures despite going through the full rigors of the investigation process before the DGTR. However, it is possible that such decisions can still be questioned before the constitutional courts under Article 226 of the Constitution of India. They also raise few pertinent questions which according to them have been left unanswered, and state that the precedents on the issue and the wordings of amendment could also give rise to further litigation.

Trade News Remedy

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WTO NEWS

• Role of digital public infrastructure in promoting e-commerce - India seeks comments

India Customs & Trade Policy Update

• High-risk food products can be imported only through specified 79 ports w.e.f. 1 March 2023
• Toys import - Requirement of compliance of BIS standards clarified
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• Cashew kernel, broken or whole - Minimum Import Price (MIP) conditions relaxed for EOUs and SEZs
• Agri-residue based biomass and briquettes/pellets are ‘free’ for export
• Areca nuts and supari (betel nut product) - Minimum Import Price raised/prescribed, however EOUs and SEZs exempted subject to conditions

Ratio decidendi

• Power pack capable to generating electricity, storing it, and supplying to various electrical devices is classifiable as accumulator - CESTAT New Delhi