Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Price parallelism alone cannot establish a cartel u/s 3(3)(a) of the Competition Act, 2002. Evidence of parallel pricing must be supplemented with "plus factors" demonstrating conscious conduct rather than independent business decisions. In the present case, the limited evidence of exchange of calls between sugar mills and the industry association is insufficient to establish a contravention. No case of violation can be made out against any party, and the matters are directed to be closed forthwith. The order does not qualify for confidential treatment u/s 57 of the Act.
Price parallelism alone cannot establish a cartel u/s 3(3)(a) of the Competition Act, 2002. Evidence of parallel pricing must be supplemented with "plus factors" demonstrating conscious conduct rather than independent business decisions. In the present case, the limited evidence of exchange of calls between sugar mills and the industry association is insufficient to establish a contravention. No case of violation can be made out against any party, and the matters are directed to be closed forthwith. The order does not qualify for confidential treatment u/s 57 of the Act.
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