Page 89 - Quick Insights Book 2022
P. 89

Chap. 24 – Other Laws


          B.    Anti-Subsidy Duties                            Appearance Before Appellate Tribunal
              Analyzing the counter availability of a foreign   In terms of the provisions of Section 53S, a person preferring
               Government’s subsidising exports                an appeal to the Appellate Tribunal may either appear in person
                                                               or authorize one or more chartered accountants or company
              Examining the legal and economic aspects of various   secretaries  or  cost  accountants  or  legal  practitioners  or  any
               subsidy  programmes  which  are  actionable  under  the   of  its  officers  to  present  his  or  its  case  before  the Appellate
               W.T.O agreements on subsidies.
                                                               Tribunal.
              Preparing comprehensive financial and substantive
               representations for the defence and/or initiation of a case  The  Central  Government  or  a  State  Government  or  a  local
                                                               authority or any enterprise preferring an appeal to the Appellate
                                                               Tribunal may authorize one or more chartered accountants or
          C.    Safeguard Duties
                                                               company secretaries or cost accountants or legal practitioners
              Safeguard duties are temporary measures in defence of   or  any  of  its  officers  to  act  as  presenting  officers  and  every
               the domestic industry which is injured or has potential   person so authorized may present the case with respect to any
               threat of injury due to sudden surge in imports.  appeal before the Appellate Tribunal.
              To formulate a complete strategy, carry out market   The Commission may authorize one or more chartered
               research and prepare a comprehensive report for   accountants or company secretaries or cost accountants or
               initiation and/or defence of a Safeguard Duty case.  legal  practitioners  or  any  of  its  officers  to  act  as  presenting
                                                               officers and every person so authorized may present the case
          4.  DISPUTE SETTLEMENT PROCEEDINGS                   with respect to any appeal before the Appellate Tribunal.

              Assessing WTO consistency of trade barriers     Opportunities Arising in Industry to Ensure
              Preparation of arguments and evidence for WTO dispute   adherence to Competition Law/Policy
               settlement proceedings
                                                               Chartered Accountants may:
              Advice and strategies for multilateral and bilateral trade      Provide  advisory  and  consultancy Services  to  the
               negotiations
                                                                     enterprises
              Providing expert analysis and opinions
                                                                    Draft anti-competitive agreements
              Providing realistic assessments on whether measures      Compliance of competition law audit
               can be challenged in the WTO.
                                                                    Work as Expert for Commission under Section 17
              Preparing and presenting evidence before anti-dumping
               administrations or in WTO disputes.             6.   CONSUMER PROTECTION ACT, 1986

          5.   COMPETITION ACT, 2002                           The Consumer Protection Act, 1986, was enacted to provide
                                                               for better protection of the interests of consumers and for that
          Services that may be rendered by the professionals in the field   purpose to make provision for the establishment of consumer
          of Competition law are categorized into those arising under   councils and other authorities for the settlement of consumers’
          Section 35 & 53S of Indian Competition Act, 2002 and those   disputes and for matters connected therewith.
          arising in the industry to ensure adherence to competition law/
          policy.                                              The Act applies to all goods and services, excluding goods
                                                               for  resale  or  for  commercial  purpose  and  services  rendered
          Appearance before Commission                         free of charge and under a contract for personal service. The
                                                               provisions of the Act are compensatory in nature.
          In  terms  of  the  provision  of  Section  35,  a  complainant  or
          defendant or the Director General may either appear in person   It covers public, private, joint and cooperative sectors. The Act
          or authorise one or more Chartered Accountants or company   enshrines the rights of the consumer such as right to safety,
          secretaries  or  cost  accountants  or  legal  practitioners  or  any   right to be informed, right to be heard, and right to choose, right
          of  his  or  its  officers  to  present  his  or  its  case  before  the   to seek redressal and right to consumer education.
          Commission.
                                                               Professional Opportunities under The Consumer Protection






           76                                                Quick Insights   on   Professional Opportunities for Chartered Accountants
   84   85   86   87   88   89   90   91   92   93   94