2026-VIL-671-GUJ-CU
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CUSTOMS High Court Cases

Customs - Anti-Dumping Investigation - Jurisdiction of High Court under Article 226 of Constitution, Alternative Efficacious Remedy – Petitioner manufacturing Sulphenamides Accelerators, challenged the Final Findings and Notification No.11/2026-Customs (ADD) dated 19.06.2026 issued by the Designated Authority initiating anti-dumping investigation - Respondents contended that the writ petition should not be entertained in view of availability of efficacious alternative remedy of filing appeal under Section 9C of the Customs Tariff Act, 1975 before the CESTAT – HELD - While it is well-settled legal precedent that extraordinary powers of High Court under Article 226 of the Constitution cannot be eclipsed even if alternative efficacious remedy is available, such interference is permissible only in cases of gross violation of principles of natural justice, violation of statutory provisions governing process of law, or lack of jurisdiction – In the present case, the Designated Authority has extensively considered all aspects with submissions of all stakeholders, provided non-confidential versions of information to interested parties, maintained confidentiality of sensitive business information and given sufficient opportunity of hearing to all interested parties - Questioning the methodology and valuation adopted by the DA in determining injury margins and dumping margins falls within the domain of the expert Designated Authority and cannot be scrutinized by the High Court in writ petition unless there is gross violation of Rules or principles of natural justice - The petitioner's allegations regarding deprivation of information can be raised before the CESTAT, which is the appropriate fact-finding authority – Further, another interested party (Automotive Tyre Manufacturers Association) has already challenged the impugned findings before CESTAT, and therefore petitioner can adopt the same course - The petitioner is directed to avail of the remedy of filing appeal before CESTAT challenging the impugned findings and notification - The writ petition is dismissed
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