Recently, the Hon'ble Delhi High Court disposed of multiple writ petitions filed by the Union of India, considering them infructuous. These petitions were filed by the Union of India, challenging orders issued by the CESTAT1, whereby the CESTAT had set aside certain Office Memorandums and directed the Ministry of Finance to reconsider the recommendations made by the DGTR in respective cases. However, subsequently, various domestic industries wrote to the Ministry of Finance, withdrawing their rights arising from the respective Final Findings and corresponding CESTAT orders.
The Court noted that the Hon'ble Supreme Court had treated similar matters as infructuous, after the domestic industry relinquished its rights and claims. In view of the same, and having regard to the decision of domestic industries to forgo their rights, the High Court found it appropriate to take the same view. However, the Court kept the question of law raised by the Union of India open, regarding whether CESTAT has jurisdiction to set aside an Office Memorandum.
Footnote
1 https://tpm.in/insights/apcotex-industries-limited-vs-union-of-india/
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
