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november 2003

Supreme Court of India · 2003-11-25

Sterlite Industries (India) Ltd. vs Designated Authority

Citation / case number
AIRONLINE 2003 SC 252
Court
Supreme Court of India
Petitioner
Sterlite Industries (India) Ltd.
Respondent
Designated Authority
Bench
S.N. Variava, H.K. Sema

Judgment text excerpt

The Supreme Court addressed appeals against the CEGAT's order which quashed a notification for anti-dumping duty under the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995. The Court held that the Designated Authority must assess the confidentiality of submitted materials on a case-by-case basis, as per Rule 7, and cannot automatically assume confidentiality. The Court set aside CEGAT's order and remitted the matter back for a decision on merits, emphasizing the need for proper assessment of injury and reworking of figures for anti-dumping duty.

Sterlite Industries (India) Ltd. vs Designated Authority · Niyam