SEBI PENALTIES – article on penalty us 15HA: Penalty for fraudulent and unfair trade practices u.s.15 HA – perception that Rs. five lakh is minimum and compulsory penalty is patently wrong. Orders imposing such penalties deserves to be challenged at appropriate forum depending on facts of case.

SEBI PENALTIES – article on penalty us 15HA: Penalty for fraudulent and unfair trade practices u.s.15 HA – perception that Rs. five lakh is minimum and compulsory penalty is patently wrong. Orders imposing such penalties deserves to be challenged at appropriate forum depending on facts of case. https://www.taxtmi.com/article/detailed?id=10382 Penalty under section 15HA is governed by sections 15I and 15J: imposition is discretionary, requires Board appointed adjudicator procedures and regard to factors (disproportionate gain, loss to investors, repetitiveness). A meaningful penalty presupposes demonstrable, quantifiable profits from fraudulent or unfair trading; absent such proof a compulsory minimum penalty is unsupportable and orders imposing the minimum irrespective of quantification may be challenged. en-us Fri, 06 May 2022 08:38:32 +0530 Fri, 06 May 2022 08:38:32 +0530 TaxTMI RSS Generator SEBI PENALTIES – article on penalty us 15HA: Penalty for fraudulent and unfair trade practices u.s.15 HA – perception that Rs. five lakh is minimum and compulsory penalty is patently wrong. Orders imposing such penalties deserves to be challenged at appropriate forum depending on facts of case. https://www.taxtmi.com/article/detailed?id=10382 Penalty under section 15HA is governed by sections 15I and 15J: imposition is discretionary, requires Board appointed adjudicator procedures and regard to factors (disproportionate gain, loss to investors, repetitiveness). A meaningful penalty presupposes demonstrable, quantifiable profits from fraudulent or unfair trading; absent such proof a compulsory minimum penalty is unsupportable and orders imposing the minimum irrespective of quantification may be challenged. Articles Corporate Laws / IBC / SEBI Fri, 06 May 2022 08:38:32 +0530 https://www.taxtmi.com/article/detailed?id=10382