Appeal
Section 9C of the Customs Tariff Act, 1975 deals with appeal. An appeal against the order of determination or review thereof shall lie to the Customs, Excise and Service Tax Appellate Tribunal constituted under section 129 of the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Appellate Tribunal), in respect of the existence, degree and effect o The Act came into force on 02 Aug 1976.
1[9C. Appeal.--2[(1) An appeal against the order of determination or review thereof shall lie to the Customs, Excise and Service Tax Appellate Tribunal constituted under section 129 of the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Appellate Tribunal), in respect of the existence, degree and effect of--
(i) any subsidy or dumping in relation to import of any article; or
(ii) import of any article into India in such increased quantities and under such condition so as to cause or threatening to cause serious injury to domestic industry requiring imposition of safeguard duty in relation to import of that article.]
3[(1A) An appeal under sub-section (1) shall be accompanied by a fee of fifteen thousand rupees.
(1B) Every application made before the Appellate Tribunal,--
(a) in an appeal under sub-section (1), for grant of stay or for rectification of mistake or for any other purpose; or
(b) for restoration of an appeal or an application,
shall be accompanied by a fee of five hundred rupees.]
(2) Every appeal under this section shall be filed within ninety days of the date of order under appeal:
Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(3) The AppellateTribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order appealed against.
(4) The provisions of sub-sections (1), (2), (5) and (6) of section 129C of the Customs Act, 1962 (52 of 1962) shall apply to the Appellate Tribunal in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Customs Act, 1962 (52 of 1962).
(5) Every appeal under sub-section (1) shall be heard by a Special Bench constituted by the President of the Appellate Tribunal for hearing such appeals and such Bench shall consist of the President and not less than two members and shall include one judicial member and one technical member.]
Section 9C, The Customs Tariff Act, 1975 (Act 51 of 1975).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Automotive Tyre Manufacturers Association v. Designated Authority & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Judgement 2011-01-07 (order-24.pdf) — get_order_ai_analysis: index and body agree. s.9C appeal to CEGAT/CESTAT on existence, degree and effect of dumping presupposes that the Designated Authority’s determination is quasi-judicial. DA is bound by natural justice ('he who hears must decide'); transfer of investigating officer mid-process without fresh hearing to interested parties vitiates final findings/notification. Duty notification on Chinese NTCF quashed for denial of hearing; refund refused where burden passed to third parties.
On this section: s.9C — statutory appeal on all dumping-determination aspects confirms DA’s quasi-judicial character and frames the appellate check on anti-dumping determinations.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 9C
What have the courts held on Section 9C of the Customs Tariff Act?
Automotive Tyre Manufacturers Association v. Designated Authority & Ors. (07 Jan 2011) is the leading judgment on this section among those set out below: s.9C — statutory appeal on all dumping-determination aspects confirms DA’s quasi-judicial character and frames the appellate check on anti-dumping determinations.
How do I find court cases under Section 9C of the Customs Tariff Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Customs Tariff Act 1975 9C, section 9C Customs Tariff Act 1975, section 9C of the Customs Tariff Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Automotive Tyre Manufacturers Association v. Designated Authority & Ors. (07 Jan 2011).
What should I read with Section 9C of the Customs Tariff Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 9C of the Customs Tariff Act come into force?
Section 9C of the Customs Tariff Act, cited as Customs Tariff Act 1975 9C, came into force on 02 Aug 1976, having been enacted on 18 Aug 1975. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Levy of additional duty equal to excise duty, sales tax, local taxes and other charges2453 words
- 9A. Anti-dumping duty on dumped articles1721 words
- 9. Countervailing duty on subsidized articles1425 words
- 8B. Power of Central Government to apply safefuard measures1186 words
- 9B. NO levy under section 9 or section 9A in certain cases512 words
- 6. Power of Central Government to levy protective duties in certain cases323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.