Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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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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