Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-06-09 dismissed

Union of India (UOI) and Ors vs Kumho Petrochemicals Company Limited and Ors

Bench: 2 — A.K. Sikri

In Brief

In this case, the Supreme Court upheld a High Court judgment annulling an anti-dumping duty extension issued after the original duty period expired. The key issues were: (1) whether the initiation of sunset review must be publicly notified before the duty expires, and (2) whether the Central Government can extend an expired duty notification. The Court held that the relevant date for initiating a sunset review is when the Government decides to initiate it (December 31, 2013), not when it is published (January 6, 2014). However, the Court ruled that any extension of anti-dumping duty must occur before the original notification expires; a notification issued on January 23, 2014, after the January 1, 2014 expiry, could not legally amend an already-lapsed notification. The extension power under Section 9A(5) is discretionary, not automatic.

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Anti-dumping Duty Customs Law Administrative Law Statutory Interpretation Trade Remedies WTO Compliance

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