Section 9AA:
Refund of anti-dumping duty in certain cases
1[9AA. Refund of anti-dumping duty in certain cases.--(1) 2[Where upon determination by an
officer authorised in this behalf by the Central Government under clause (ii) of sub-section (2), an
importer proves to the satisfaction of the Central Government that he has paid anti-dumping duty imposed
under sub-section (1) of section 9A on any article, in excess of the actual margin of dumping in relation to
such article, the Central Government shall, as soon as may be, reduce such anti-dumping duty as is in
excess of actual margin of dumping so determined, in relation to such article or such importer, and such
importer shall be entitled to refund of such excess duty]:
Provided that such importer shall not be entitled to refund of so much of such excess duty under this
sub-section which is refundable under sub-section (2) of section 9A.
Explanation.--for the purposes of this sub-section, the expressions, "margin of dumping", "export
price" and "normal value" shall have the same meaning respectively assigned to them in the Explanation
to sub-section (1) of section 9A.
(2) the Central Government may, by notification in the Official Gazette, make rules to--
(i) provide for the manner in which and the time within which the importer may make application
for the purposes of sub-section (1);
(ii) authorise the officer of the Central Government who shall dispose of such application on
behalf of the Central Government within the time specified in such rules; and
(iii) provide the manner in which the excess duty referred to in sub-section (1) shall be--
(A) determined by the officer referred to in clause (ii); and
(B) refunded by the Deputy Commissioner of Customs or Assistant Commissioner of
Customs, as the case may be, after such determination].]
Notes:
1. Ins. by Act 10 of 2000, s. 89 (w.e.f. 12-5-2000).
2. Subs. by Act 8 of 2011, s. 59, for certain words (w.e.f. 8-4-2011).