Methodology for Determination of Penalty for Enterprises Under Section 27(B) of the Act

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...., to begin with, would consider, having due regard to all or any of the following factors, an amount up to thirty percent of the average relevant turnover or average income, as the case may be, of the enterprise for the purpose of determination of penalty to be imposed on an enterprise under Section 27(b) of the Act: - a. nature and gravity of the contravention; b. nature of the ....

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.... retaliatory measures taken against other enterprise(s) with a view to enforcing the conduct or practices constituting the contravention; d. repeated contravention; e. admission of contravention, if any, by the enterprise and the stage at which such admission is made; f. furnishing of cogent evidence by the enterprise establishing that its involvement in the contraventio....

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....ion. Provided that, in appropriate cases, for the reasons to be recorded in writing, the Commission may consider the relevant turnover of three years preceding the contravention. (4) Turnover or income or relevant turnover or any other financial information, as sought by the Commission, shall be based on the audited financial statements of the enterprise furnished by way of a certificate fro....