DAWN CONVERTEC SMC-(PVT.) LTD. vs NATIONAL TARIFF COMMISSION Ss — 2025 PTD 724 ISLAMABAD

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DAWN CONVERTEC SMC-(PVT.) LTD. VS NATIONAL TARIFF COMMISSION Ss. 2(d), 20, 27, 37, 39, 50 &70(13)---Civil Procedure Code (V of 1908), S.100---Second appeal---Reappraisal of evidence---Scope---Dumped imports of Duplex Board---Filing of written application against the dumped imports causing material injury to the domestic industry producing Duplex Board---Thorough investigation by the National Tariff Commission (Commission) fulfilling all codal formalities---Final determination and imposition of definitive anti-dumping duty---First appeal was preferred by the applicant before anti-Dumping appellate Tribunal, which was dismissed---Contentions of the appellant was that before final determination of imposition of Definitive anti-dumping Duty other factors of causing injury to the domestic industry were not considered by the Commission and that the final determination taken by the Commission was not within the prescribed time limit---Validity---all the relevant factors were taken into consideration by the Commission before determining the injury to the domestic industry due to the dumped imports---Preliminary determination in terms of S. 37 of the anti-Dumping Duties act, 2015, was made by the Commission on 11.05.2017, whereas, the final determination was made on 27.07.2017, thus, the final determination was made within 180 days of the preliminary determination---Section 70(13) of the anti-Dumping Duties act, 2015 makes the appellate decision of the appellate Tribunal appealable to the High Court, which is to entertain the appeal under the said section within the limits prescribed by S. 100, C.P.C., and it is not open to the parties to demand re-appraisal of the evidence by the High Court---There was absolutely no question of law involved in the second appeal for High Court to interfere with the concurrent findings of fact arrived at by the Commission and the appellate Tribunal on the proper appreciation of the material on the record---appeal was dismissed, in circumstances.

DAWN CONVERTEC SMC-(PVT.) LTD. vs NATIONAL TARIFF COMMISSION Ss — 2025 PTD 724 ISLAMABAD

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