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Supreme Court of India 2016-10-07 remanded

Union of India & Anr vs Meghmani Organics Ltd. & Ors

Bench: 3 — Shiva Kirti Singh, Sanjay Kumar, Alok Aradhe

In Brief

The Supreme Court clarified the scope of confidentiality protections under Rule 7 of the Anti-Dumping Rules. While the Rule protects confidential information supplied by parties to the Designated Authority, it does not permit the DA itself to claim confidentiality over its own findings and reasons—even when based on confidential information. The Court held that the DA must decide case-by-case whether information truly requires confidential treatment, and must maintain transparent records of its decisions. When confidentiality cannot be justified, the information must be disregarded rather than disclosed without consent. The judgment reconciled the Sterlite Industries and Reliance Industries decisions, directing the appeals be remanded for fresh hearing on merits in light of these principles.

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Anti-Dumping Duty Customs Tariff Confidentiality Administrative Law Natural Justice Statutory Interpretation Trade Remedies

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