Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Bid rigging/collusive bidding in a public tender for supply of machines was alleged to contravene Section 3 of the Competition Act, 2002. Direct proof of cartelisation being rare, the finding was sustained on circumstantial evidence showing coordination, including use of the same IP address for bid submission, close telephonic association reflected in CDRs, and facilitation of bid security by one participant for others, demonstrating lack of independent competition; mere reduction in bid price did not rebut collusion. Once an agreement falling within Section 3(3) was established, the presumption of AAEC applied and was not rebutted. The contravention and penalty under Section 27(a) were upheld and the appeal was dismissed - NCLAT
Bid rigging/collusive bidding in a public tender for supply of machines was alleged to contravene Section 3 of the Competition Act, 2002. Direct proof of cartelisation being rare, the finding was sustained on circumstantial evidence showing coordination, including use of the same IP address for bid submission, close telephonic association reflected in CDRs, and facilitation of bid security by one participant for others, demonstrating lack of independent competition; mere reduction in bid price did not rebut collusion. Once an agreement falling within Section 3(3) was established, the presumption of AAEC applied and was not rebutted. The contravention and penalty under Section 27(a) were upheld and the appeal was dismissed - NCLAT
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