Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
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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