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Archive: 08 April 2022

Posts in 08 April 2022

Autonomy to specify requirements of procurement is inherent in procurers: CCI

April 8, 2022 876 Views 0 comment Print

Mr. Dushyant Vs National Accreditation Board for Testing and Calibration Laboratories (NABL) (Competition Commission of India) The Commission has, in some previous cases, recognising the autonomy of the procurer, stated that the procurer is the best judge of what and how it wants. At the cost of repetition, the Commission notes that every consumer/ procurer […]

Fraudulent practices not fall within the Ambit of CCI

April 8, 2022 1245 Views 0 comment Print

Rajendra Khare Vs Information Systems Audit and Control Association, Inc (Competition Commission of India) The Informant has also alleged contravention of Section 4(2)(e) of the Act stating that ISACA is ruling over CMMI Maturity Level Certification Market in India as it is completely capable of protecting any market or denying market access because it has […]

In absence of dominance, the issue of examination of alleged abusive conduct does not arise

April 8, 2022 489 Views 0 comment Print

Nirmala Agarwal Vs. Greenfield City Projects LLP (Competition Commission of India) The Commission notes that the Informants have not provided any information/data in support of the alleged dominance of OPs in the relevant market. The Commission, however, on the basis of the information available in the public domain, notes that, other than OPs, a number […]

In absence of dominance in relevant markets, the question of abuse of dominant position not arises

April 8, 2022 864 Views 0 comment Print

Samaleshwari Automobiles Vs Tata Motors Ltd. and Another (Competition Commission of India) Commission notes that the Informant has primarily alleged that the OPs have imposed unfair and discriminatory terms and conditions in the Dealership Agreement in respect of passenger/utility category of vehicles, besides indulging in anti-competitive practices, which put the Informant’s company in a deep […]

Delhi HC admits petition questioning provision overruling SC Judgment in Canon India case

April 8, 2022 4923 Views 0 comment Print

Delhi High Court admits petition questioning Validity of provisions in Finance Act 2022 which overruled landmark Judgment of Supreme Court in Canon India case On 07.04.2022, the Delhi High Court admitted a petition challenging validity of provisions contained in the Finance Act 2022 to overrule the judgment of Supreme Court in Canon India case.  The Supreme […]

Harmonised National Market for Goods and Services in GST

April 8, 2022 2574 Views 0 comment Print

Understanding the harmonised national market for goods and services in GST. Learn about the functions and decision-making process of the Goods and Services Tax Council.

Condonation of delay granted as order passed without knowledge of Assessee

April 8, 2022 4791 Views 0 comment Print

Held that condonation of delay in filing appeal granted in the interest of justice as the revenue didn’t refuted the contention of the assessee that he had no knowledge or order being passed.

Companies (Incorporation) Amendment Rules, 2022

April 8, 2022 7341 Views 0 comment Print

Provided further that in case of a Company being incorporated as a Nidhi, the declaration by the Central Government under section 406 of the Act shall be obtained by the Nidhi before commencing the business and a declaration in this behalf shall be submitted at the stage of incorporation by the

IBBI bars IP for 2 years for not conducting CIRP as per IBC 2016 provisions

April 8, 2022 945 Views 0 comment Print

The DC observes that Mr. Singh’s conduct displays a lack of understanding of the Code and the Regulations made thereof as the CIRP is a strictly time bound mechanism and he continued to justifies the delay on the pretext awaiting the decision of the AA on the issue of Corporate Guarantors to constitute the CoC. […]

Registered Valuer Fails to inform about Registration of FIR – IBBI directs RV to be extremely careful, diligent & responsive

April 8, 2022 1200 Views 0 comment Print

IBBI notes that delay by Mr. Gupta in providing relevant information to the Authority occurred due to the fact, as submitted by Mr. Gupta, that he was not aware of the filing of FIR against him and he came to know about the lodging of the FIR from the RVO on 26.08.2021. The Authority accepts […]

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