TaxTMI 
TaxTMI 
2021 (8) TMI 1313
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....Misra i/b M/s K. Ashar & Co. for respondent. ORDER P.C. 1. Heard learned Counsel for parties. 2. By this petition, under Article 226 of the Constitution of India, petitioner is seeking direction against respondent to produce all documents relied upon by them while issuing SCN including investigation report. 3. During the course of argument, it is submitted by the learned Counsel for the respo....
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....their Advocates letter dated 21.08.2020 (Exhibit- B-1) to the Memo of Appeal) sought copies of these documents (reproduced in paragraph 3(iii) supra). a) Admittedly copy of the complaints filed by the Company have been provided to them. b) As regards the Code of Conduct of the Company, as sought by the petitioners, the contents therein are known to the petitioners as the same has been commente....
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....igation report itself for the following reasons: I. ..... II. ...... III. ...... IV. There is no provision in the SEBI Act or the Regulations or AO Rules which directs the respondent to provide investigation report to the Noticee. The proceedings before SEBI are quasi-judicial in nature, which are governed by the principles of natural justice. As per the principles of natural justice, it i....
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....self or direct any subordinates to investigate in the matter. It is only after the authority receives the result of the investigation that it would decide as to whether action is called for or not. Therefore, the investigation report is in the nature of interdepartmental communications between officers investigating the matter and the authority who can decide any enforcement action against the ent....