Law: Anti Dumping Duties Ordinance (LXV of 2000)

Section: 11, 52

Anti-Dumping Duties Ordinance (LXV of 2000)--Ss. 11 & 52---National, Tariff Commission Act (VI of 1990), S.11---Constitution of Pakistan, Art. 199---Constitution petition---Imposition of Anti-Dumping Duty---Petitioners who imported tiles, had challenged proceedings whereby Anti-Dumping Duty was imposed by authorities/ Commission on the imported goods---Earlier constitutional petition filed by the petitioners was dismissed and petitioners had approached the Supreme Court---Supreme Court setting aside order passed by High Court, remanded case to the authorities/Commission to proceed afresh on the claim by the petitioners---Petitioners had filed present constitutional petition in which it was claimed that as Supreme Court had declared order of the authorities/Commission as void and coram non judice, amount paid by the petitioner as Anti-Dumping Duty was liable to be refunded back to the petitioners---Validity---Held, Supreme Court had not finally decided the case, but had remanded the case on legal ground to the authorities/Commission and Commission had been given authority to look into the matter regarding imposition of levy of Anti-Dumping Duty---Basic object of Anti-Dumping Duty was that the importers could not sell the articles on the price less than the price prevailing in the country wherefrom said articles had been imported---Such was the exclusive prerogative of the National Tariff Commission to allow or refuse the refund---Authorities/Commission had to record the evidence and pass an order on the basis of evidence---High Court, under constitutional jurisdiction, could not enter into the factual controversy or investigate the claim of the petitioners--Basic" claim of the petitioners was still pending before the Commission; and the Supreme Court had not passed any order regarding the merits of the case---Since the case was remanded to the Commission, petitioners could raise their objections before the Commission---High Court could not enter into the exercise of calculating the Anti-Dumping Duty as said matter was within the power of National Tariff Commission---Petitioners, would be at liberty to raise the claim regarding refund of duty paid by then:…

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