Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
SEBI is authorised to take evidence under Section 11C and the Securities Appellate Tribunal may conduct proceedings under Section 15U; both bodies possess procedural powers to receive and evaluate evidence in adjudicatory functions. Adjudicatory determinations must be founded on evidence brought on record through statutory investigative and adjudicatory processes; external enquiry reports not forming part of the Board's investigation or enquiry must not be relied upon. On the facts, the Tribunal's imposition of costs on the appellant was found unjustified and that aspect of its order is set aside.
SEBI is authorised to take evidence under Section 11C and the Securities Appellate Tribunal may conduct proceedings under Section 15U; both bodies possess procedural powers to receive and evaluate evidence in adjudicatory functions. Adjudicatory determinations must be founded on evidence brought on record through statutory investigative and adjudicatory processes; external enquiry reports not forming part of the Board's investigation or enquiry must not be relied upon. On the facts, the Tribunal's imposition of costs on the appellant was found unjustified and that aspect of its order is set aside.
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