Penalty Archives | Page 3 of 5

Pat HC | To attract penalty for being a member of an unlawful association, the association must be one declared unlawful by a notification under UAP Act, 1967; HC declares seizure exercise illegal and arbitrary

Patna High Court: Birendra Kumar, J., heard the instant revision application challenging the validity of ex-post facto approval of search and seizure

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Separate penalties by the stock exchanges can be imposed | While positing, rejects appeal

Securities Appellate Tribunal (SAT): A Coram of Tarun Agarwala, J., (Presiding Officer) and M.T. Joshi, J., (Judicial Member) while dismissing an appeal

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Penalty imposed under S. 112 read with S. 114AA of the Customs Act, 1962 set aside; Tribunal allows appeal stating absence of mens rea

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned order

Case Briefs High Courts

Del HC | Penalty imposed on CPIOs for “changing stands” leading to apprehension of mala fides and unreasonable conduct; Elaborate principles laid down for exercise of power by CPIOs

Delhi High Court: Prathiba M. Singh, J., upheld that order of the Central Information Commission whereby a penalty of Rs 10000 was

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI directs HDFC to deposit Rs 158.68 Crore in Escrow Account in BRH Wealth Kreators case; Penalty of Rs 1 Crore imposed

Security and Exchange Board of India (SEBI): G. Mahalingam (Whole Time Member) imposed a penalty of Rupees One Crore on HDFC Bank

Case Briefs High Courts

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law

Chhattisgarh High Court: A Division Bench of P.R. Ramchandra Menon and Parth Prateem Sahu JJ., dismissed the appeal being devoid of merits.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether confiscation of goods and imposition of fine and penalty by the Lower Authority in absence of valid PSI certificate maintainable; Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): P.K. Choudhary (Judicial Member) partly allowed an appeal which was filed against the Order-in-Appeal

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Reliance Industries Ltd. and it’s MD Mukesh D. Ambani found indulged in fraudulent trade practises, an exemplary penalty of Rs 25 crore and 15 crore imposed respectively by SEBI

Security and Exchange Board of India (SEBI): B J Dilip, (Adjudicating Officer) imposed the penalty of 25 crores and 15 crore respectively

Case Briefs High Courts

All HC | In case owner of vehicle does not intimate Insurance Company about the accident, can Insurance Company be exempted from paying interest? HC explains

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., observed that if the insurance co. will not be liable to pay interest, then it

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | S. 65 of IBC is not meant to negate process under S. 7 or 9 of IBC; Penal action under S. 65 can be taken only when provision of Code has been invoked fraudulently, with malicious intent

National Company Law Appellate Tribunal (NCLAT): The Bench of Justice Venugopal M. (Judicial Member) and V.P. Singh (Technical Member) and Shreesha Merla (Technical

Case Briefs Supreme Court

Section 22 of MMDR Act does not bar Magistrate to direct registration of FIR under Section 156(3) CrPC; holds SC

The violators cannot be permitted to go scot free on payment of penalty only.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | S. 15J SEBI Act, 1992 may not apply in adjudication proceedings involving penalty under S. 15A SEBI Act, 1992 while determining the quantum of penalty, Appeal allowed

Securities Appellate Tribunal (SAT): Justice Tarun Agarwal allowed the appeal and substituted the penalty imposed by the impugned order with a warning.

Case Briefs High Courts

SCC Times

Penalty

Pat HC | To attract penalty for being a member of an unlawful association, the association must be one declared unlawful by a notification under UAP Act, 1967; HC declares seizure exercise illegal and arbitrary

SAT | Separate penalties by the stock exchanges can be imposed | While positing, rejects appeal

CESTAT | Penalty imposed under S. 112 read with S. 114AA of the Customs Act, 1962 set aside; Tribunal allows appeal stating absence of mens rea

Del HC | Penalty imposed on CPIOs for “changing stands” leading to apprehension of mala fides and unreasonable conduct; Elaborate principles laid down for exercise of power by CPIOs

SEBI directs HDFC to deposit Rs 158.68 Crore in Escrow Account in BRH Wealth Kreators case; Penalty of Rs 1 Crore imposed

Chh HC | Appeal under S. 30 of Employees’ Compensation Act, 1923 is to be entertained only on a question of law

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

CESTAT | Whether confiscation of goods and imposition of fine and penalty by the Lower Authority in absence of valid PSI certificate maintainable; Tribunal explains

SEBI | Reliance Industries Ltd. and it’s MD Mukesh D. Ambani found indulged in fraudulent trade practises, an exemplary penalty of Rs 25 crore and 15 crore imposed respectively by SEBI

All HC | In case owner of vehicle does not intimate Insurance Company about the accident, can Insurance Company be exempted from paying interest? HC explains

NCLAT | S. 65 of IBC is not meant to negate process under S. 7 or 9 of IBC; Penal action under S. 65 can be taken only when provision of Code has been invoked fraudulently, with malicious intent

Section 22 of MMDR Act does not bar Magistrate to direct registration of FIR under Section 156(3) CrPC; holds SC

SAT | S. 15J SEBI Act, 1992 may not apply in adjudication proceedings involving penalty under S. 15A SEBI Act, 1992 while determining the quantum of penalty, Appeal allowed

Raj HC | Petitioner not vigilant enough to seek his remedy, Court rejects Stay application

CESTAT | Service Tax Penalty of Rs 1,03,83,141 set aside completely; Tribunal allowed appeal

Delhi High Court stays Anti Profiteering Penalty proceedings against Samsonite South Asia

CESTAT | Penalty cannot be imposed upon a corporate body under Rule 26; order imposing penalty set aside

SAT | Company floating CIS without registering with SEBI held liable under S. 15-HA of SEBI Act

The Odyssey of Google Search bias under the Indian Competition Law