Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
At the Section 26 prima facie stage, the Commission may close an information where the informant does not place complete and substantiating material. The Tribunal noted that general assertions on unilateral pricing, unfair tender terms, discounts, losses, price distortion and market harm were unsupported by actual data on cost sheets, margins, losses, market exit, price effects or share erosion, so the allegations did not cross the evidentiary threshold for investigation. It also accepted that, in a regulated alcohol market, pricing was linked to taxes, levies and State policy, and that alleged preferential treatment in tendering was not shown by comparative market data to have distorted competition. The closure under Section 26(2) was upheld.
At the Section 26 prima facie stage, the Commission may close an information where the informant does not place complete and substantiating material. The Tribunal noted that general assertions on unilateral pricing, unfair tender terms, discounts, losses, price distortion and market harm were unsupported by actual data on cost sheets, margins, losses, market exit, price effects or share erosion, so the allegations did not cross the evidentiary threshold for investigation. It also accepted that, in a regulated alcohol market, pricing was linked to taxes, levies and State policy, and that alleged preferential treatment in tendering was not shown by comparative market data to have distorted competition. The closure under Section 26(2) was upheld.
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