Penalty on exchange vacated for lack of evidence that exchange authorized subsidiaries' investments; Regulations 43(1) 2012 and 38(2) 2018 inapplicabl...
Petitioner not an eligible assessee under s.144C(15)(b); draft and final assessments under s.144C(1)/s.143(3)/s.144B quashed and penalty show-cause no...
HC held that the inquiry report issued by the second respondent is vitiated and set aside, and the disciplinary proceedings have abated for failure to comply with the mandatory timelines prescribed by Reg.17(1) and Reg.17(5) of the CBLR, 2018. The court found the inquiry report dated 27.6.2025 was submitted and not communicated within the statutory 90-day period, thereby depriving the petitioner of a timely copy and rendering subsequent action ultra vires; estoppel could not be invoked to cure the statutory breach. Given abatement, the HC declined to adjudicate the separate contention concerning the right to cross-examine witnesses; petition allowed.
HC held that the inquiry report issued by the second respondent is vitiated and set aside, and the disciplinary proceedings have abated for failure to comply with the mandatory timelines prescribed by Reg.17(1) and Reg.17(5) of the CBLR, 2018. The court found the inquiry report dated 27.6.2025 was submitted and not communicated within the statutory 90-day period, thereby depriving the petitioner of a timely copy and rendering subsequent action ultra vires; estoppel could not be invoked to cure the statutory breach. Given abatement, the HC declined to adjudicate the separate contention concerning the right to cross-examine witnesses; petition allowed.
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