2006 (9) TMI 180 - SUPREME COURT

Whether the dumping of goods is causing injury to the domestic industry by analyzing various injury parameters mentioned in Annexure II to the Rules?

Held that:- Excessive and unwarranted claim of confidentiality defeats the right to appeal. In the absence of knowledge of the consequences, grounds, reasoning and methodology by which the DA has arrived at its decision and made its recommendation, the parties to the proceedings cannot effectively exercise their right to appeal either before the Tribunal or this Court. Although this judgment may not benefit the appellant for the past period, we have thought it necessary to lay down the law in this connection since the Anti-Dumping Law operates continuously and on a day-to-day basis and hence its principles have to be clarified. The Anti-dumping Law is extremely important for the country's industrial progress and hence there should be total transparency and fairness in its implementation.

The Anti-dumping Law is, therefore, a salutary measure which prevents destruction of our industries which were built up after independence under the guidance of our patriotic, modern minded leaders at that time and it is the task of everyone today to see to it that there is further rapid industrialization in our country, to make India a modern, powerful, highly industrialized nation. With the above observations this appeal stands disposed of.