5 - Methodology for Determination of Penalty for Persons liable under Section 48 of the Act
CCI (Determination Of Monetary Penalty) Guidelines, 2024 Chapter IV METHODOLOGY FOR DETERMINATION OF PENALTY FOR PERSONS LIABLE UNDER SECTION 48 OF THE ACT
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Monetary penalty limits for liable persons: capped proportion of average income adjusted for role, gravity and cooperation. The Commission may impose a monetary penalty on persons liable under Section 48 capped at a proportion of the person's average income for the three preceding financial years. In setting the percentage the Commission will consider factors such as the nature and gravity of the company's contravention, the person's role, duration and extent of involvement, cooperation during investigation, repeated contraventions, evidence of limited involvement, and other case-specific factors. Average income is derived from gross total income in tax returns excluding house property and capital gains; where returns are unavailable, a Chartered Accountant certificate with an affidavit may be used. Cartel cases are subject to the same factors and methodology.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Monetary penalty limits for liable persons: capped proportion of average income adjusted for role, gravity and cooperation.
The Commission may impose a monetary penalty on persons liable under Section 48 capped at a proportion of the person's average income for the three preceding financial years. In setting the percentage the Commission will consider factors such as the nature and gravity of the company's contravention, the person's role, duration and extent of involvement, cooperation during investigation, repeated contraventions, evidence of limited involvement, and other case-specific factors. Average income is derived from gross total income in tax returns excluding house property and capital gains; where returns are unavailable, a Chartered Accountant certificate with an affidavit may be used. Cartel cases are subject to the same factors and methodology.
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