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SUPREME COURT
Uday Umesh Lalit, J
Union of India – Appellant
Versus
Moser Baer India Ltd. – Respondent
| Table of Content |
|---|
| 1. introduction of the case and context surrounding the legal concerns. (Para 1 , 2) |
| 2. the main arguments made by the appellants regarding confidentiality claims. (Para 3 , 4 , 5) |
| 3. overview of relevant rules and statutory provisions related to anti-dumping. (Para 6 , 7) |
| 4. court's analysis and rationale regarding confidentiality and transparency. (Para 8 , 9 , 10 , 25) |
| 5. illustration of implications on confidentiality practices in various contexts. (Para 18 , 19 , 20 , 21 , 22) |
| 6. conclusion directing further proceedings on merits. (Para 26) |
1. While hearing special leave petition against a judgment of the Delhi High Court, the Division Bench on January 27, 2009 in the case of Designated Authority, Ministry of Commerce and Industry & Anr. v. Indian Metals & Ferro Alloys Limited, 2009 (2) SCC 510 noticed that in the context of interpretation of anti - dumping provisions of the Customs Tariff Act, 1975 (in short “the Act”) and the Customs Tariff (Identification, Assessment and Collection of Anti - Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (for brevity “the Rules”), the Delhi High Court had allowed the writ petition mainly by following
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