Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The AT, on appeal from an adjudication alleging front-running under Section 12(A)(c) of the SEBI Act and Regulations 3(a), 3(d), 4(1) and 4(2)(q) of the PFUTP Regulations, concluded that the charge was not established on the preponderance of probabilities and allowed the appeal. The Tribunal found that an external forensic report obtained during the investigation implicated connections between the complainant and a third party and that the adjudicating officer's failure to address that report warranted an adverse inference against the regulator. Absent satisfactory treatment of that material, the appellant's alleged advance trading could not be proved and the penalty was set aside.
The AT, on appeal from an adjudication alleging front-running under Section 12(A)(c) of the SEBI Act and Regulations 3(a), 3(d), 4(1) and 4(2)(q) of the PFUTP Regulations, concluded that the charge was not established on the preponderance of probabilities and allowed the appeal. The Tribunal found that an external forensic report obtained during the investigation implicated connections between the complainant and a third party and that the adjudicating officer's failure to address that report warranted an adverse inference against the regulator. Absent satisfactory treatment of that material, the appellant's alleged advance trading could not be proved and the penalty was set aside.
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