Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Non-maintenance of pre-trade and post-trade confirmations under the SEBI circular dated 22 March 2018 may attract regulatory or disciplinary action against a stockbroker, but does not per se create civil liability to reimburse a client's trading losses. Where the clients admitted authorising a known third person to execute trades and assumed market risk, they could not later disown those trades by invoking the confirmation requirement; the requirement is material only where trades are proved to be blatantly unauthorised. The arbitral tribunals' award of 50% of F&O losses without any enquiry or evidence of causation and damages, based solely on alleged negligence, conflicted with the fundamental policy of Indian law under the Arbitration Act. The awards were set aside and the petitions were allowed - HC
Non-maintenance of pre-trade and post-trade confirmations under the SEBI circular dated 22 March 2018 may attract regulatory or disciplinary action against a stockbroker, but does not per se create civil liability to reimburse a client's trading losses. Where the clients admitted authorising a known third person to execute trades and assumed market risk, they could not later disown those trades by invoking the confirmation requirement; the requirement is material only where trades are proved to be blatantly unauthorised. The arbitral tribunals' award of 50% of F&O losses without any enquiry or evidence of causation and damages, based solely on alleged negligence, conflicted with the fundamental policy of Indian law under the Arbitration Act. The awards were set aside and the petitions were allowed - HC
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