Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Bid-rigging was proved by direct and circumstantial email evidence showing coordinated bidding, allocation of shares, tender distribution, price discussions, bid withdrawal directions and continued receipt of cartel communications without dissociation; contravention under Sections 3(1) and 3(3)(a) to (d) was therefore affirmed. Once cartel conduct was established, the presumption of appreciable adverse effect on competition applied and was not rebutted; reliance on Rajasthan Cylinder was distinguished. The partner's liability under Section 48 was upheld, and penalty based on average income at the same rate as the firm was held proper. Challenges based on vacancy in composition and denial of cross-examination failed, and both appeals were dismissed.
Bid-rigging was proved by direct and circumstantial email evidence showing coordinated bidding, allocation of shares, tender distribution, price discussions, bid withdrawal directions and continued receipt of cartel communications without dissociation; contravention under Sections 3(1) and 3(3)(a) to (d) was therefore affirmed. Once cartel conduct was established, the presumption of appreciable adverse effect on competition applied and was not rebutted; reliance on Rajasthan Cylinder was distinguished. The partner's liability under Section 48 was upheld, and penalty based on average income at the same rate as the firm was held proper. Challenges based on vacancy in composition and denial of cross-examination failed, and both appeals were dismissed.
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