2004 (2) TMI 386 - AT - Central Excise

Summary

Issues:
Application for relevant information against levy of Anti-Dumping Duty. Entitlement of the applicant to maintain the application.

Analysis:
The case involves an application filed by M/s. Himachal Futuristic Communication Ltd. seeking relevant information for making submissions against the levy of Anti-Dumping Duty. The applicant claimed that the information sought is not required to be kept confidential and they are entitled to access it before the Tribunal proceeds with the matter. The Hon'ble Supreme Court's direction in the case of Sterlite Industries (India) Ltd. v. Designated Authority is cited, emphasizing the Tribunal's discretion in deciding the confidentiality of materials placed before the Designated Authority.

The Tribunal examined whether the applicant is entitled to maintain the application. The applicant sought to rely on a specific paragraph of an order which discussed the possibility of affected parties challenging the levy of anti-dumping duty on all legally available grounds. It was argued that a respondent in the appeals considered by the Tribunal can be transposed as an appellant to contest the confidentiality of certain information to participate effectively in the proceedings.

However, the Tribunal found that the applicant was not a respondent in the earlier proceedings and thus could not be transposed as an appellant. Consequently, the applicant was deemed to have no right to claim the information sought in the application. As a result, the Tribunal dismissed the Miscellaneous Application filed by M/s. Himachal Futuristic Communication Ltd. regarding the relevant information against the levy of Anti-Dumping Duty.