21 November 2022


Search Results for Tag : Penalty

International Cases

Stand aside Dunlop there’s a new penalty sheriff in town(04.11.2015)

The United Kingdom Supreme Court passed rulings that are likely to send at least a few flutters of joy amongst the contract-writing community. Determi.....

Tags : Penalty clause, unfair, united kingdom, test

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Where advertiser failed to show a reasonable basis or prior substantiation for claims, consumer was believed to be acting under false or misleading representation(s).(19.12.2018)

In instant matter, proceedings initiated vide Show Cause Notice issued to Options International (SMCPvt.) Limited ('Respondent' or 'Options') by Compe.....

Tags : Deceptive Marketing Practices, Penalty, Imposition

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Top Story

IRDA lambasts Max Life Insurance ‘casual approach’ to insurance regulations(28.06.2016)

The Insurance Regulatory and Development Authority of India imposed a penalty of Rs. 10 lakhs on Max Life Insurance Company, citing operational defici.....

Tags : irda, max life, penalty, agents

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IRDA lambasts Max Life Insurance ‘casual approach’ to insurance regulations(28.06.2016)

The Insurance Regulatory and Development Authority of India imposed a penalty of Rs. 10 lakhs on Max Life Insurance Company, citing operational defici.....

Tags : irda, max life, penalty, agents

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Competition Commission of India (CCI) imposed penalty on Google for "Search Bias"(08.02.2018)

Competition Commission of India fines Google for abusing dominant position amounting to Rs. 136-crore for "search bias". CCI’s order came in wake of i.....

Tags : Dominant position, Abuse, Penalty

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RBI imposes monetary penalty on five Prepaid Payment Instrument (PPI) Issuers(03.05.2019)

The Reserve Bank of India has imposed monetary penalty on five PPI Issuers for non-compliance of regulatory guidelines in exercise of its powers under.....

Tags : Penalty, Levy, PPI issuers

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Ministry of Corporate Affairs notifies penalty for non-compliance with NFRA Rules(17.06.2022)

Ministry of Corporate Affairs has notified that, the non-compliance with the National Financial Reporting Authority Rules (NFRA), 2018 would attract p.....

Tags : Penalty, Non-compliance, NFRA Rules

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News

Penalty Proceedings can’t be Initiated Without a Specific Charge: ITAT(19.04.2019)

Income Tax Appellate Tribunal (ITAT), Indore bench has ruled that no penalty proceedings can be initiated on a suspected defaulter assessee without sp.....

Tags : ITAT, Penalty Proceedings, Specific Charge

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SC Upholds Penalty of Rs 23.10 Cr on Mgt School for Admitting Students Beyond Permitted Capacity(24.06.2019)

Supreme Court has upheld a penalty of Rs. 23.10 crore imposed on FORE School of Management by the All India Council for Technical Education for admitt.....

Tags : SC, Penalty

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ITAT, Jaipur: Defect in Notice would invalidate Penalty Proceedings(26.06.2019)

Income Tax Appellate Tribunal (ITAT), Jaipur Bench has held that the defect in the notice issued by the income tax department would nullify the entire.....

Tags : Income Tax Appellate Tribunal, Invalidation of penalty proceedings

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Madras HC Quashes Levy of Penalty as SCN Not Issued by Proper Officer(25.03.2021)

Madras High Court has quashed the levy of penalty under Section 112(a) or 114AA of the Customs Act, 1962 in favour of Quantum Coal Energy (P) Ltd as S.....

Tags : Madras High Court, Levy of Penalty

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Supreme Court Issues Notice On Plea Challenging Mandatory Death Penalty Under SC/ST Act(10.05.2019)

Supreme Court has issued notice to the Centre on a PIL challenging mandatory death penalty under Section 3(2)(i) of the Scheduled Castes and the Sched.....

Tags : Supreme Court, Death penalty

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ITAT: Penalty Cannot be Levied on Retrospective Amendment(03.06.2019)

ITAT Ahmedabad has held that the Assessee cannot be penalized on ground of a retrospective amendment under the Income Tax Act, 1961.

Tags : ITAT, Penalty

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Bombay High Court: Death Penalty for Repeat Rape Offenders(03.06.2019)

Bombay High Court has upheld the Constitutional validity of Section 376(e) of Indian Penal Code, 1860 which provides that repeat offenders in rape cas.....

Tags : Bombay High Court, Death Penalty

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NCDRC: No Penalty for Cancelling Delayed House(04.06.2019)

National Consumer Dispute Redressal Forum/NCDRC has held that a homebuyer cannot be forced to forfeit any amount deposited with a builder in case he s.....

Tags : NCDRC, Penalty

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NGT Imposes Rs 1L Penalty on Delhi Govt for Yamuna Revival(12.08.2015)

National Green Tribunal has penalised National Capital Government with Rs 1L fine for not following its orders on implementation of "Maili se Nirmal Y.....

Tags : NGT,Yamuna,Penalty

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SAT Levies Rs 50,000 Penalty on SEBI for Lapses in Probe(01.07.2019)

Securities Appellate Tribunal (SAT) has levied a penalty on the Securities and Exchange Board of India (SEBI) in a rare instance of the capital market.....

Tags : SAT, SEBI, Penalty

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ITAT Mumbai: Wrong Claim for TDS Will Not Attract Penalty(03.07.2019)

Income Tax Appellate Tribunal (ITAT) Mumbai has ruled that a wrong claim for TDS cannot be a ground to invoke penalty proceedings under Section 271(1).....

Tags : ITAT Mumbai, Penalty

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ITAT Chandigarh: Penalty Granted on Surrender Made on Account of Discrepancy in Stock(04.07.2019)

Income Tax Appellate Tribunal (ITAT), Chandigarh has ruled that the penalty under Section 271AAB of the Income Tax Act, 1961 was rightly imposed in th.....

Tags : ITAT Chandigarh, Penalty

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Supreme Court Upholds Death Penalty For Raping, Killing Four-Year Old Girl(04.05.2017)

Supreme Court has dismissed a review petition of a 55-year-old man and sent him to gallows for raping and stoning to death a four-year-old girl in 200.....

Tags : Supreme Court, Death Penalty

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Madhya Pradesh HC Reduces Death Penalty Awarded to Man Accused of Rape & Murder of His Daughter(17.06.2019)

Madhya Pradesh High Court has reduced the death penalty awarded to a man accused of raping and murdering his own daughter while holding that the accus.....

Tags : Madhya Pradesh HC. Death Penalty

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CESTAT, Delhi: Levy of Penalty on Proprietor and Firm Would Amount to Double Jeopardy(08.06.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has held that the levy of penalty on the sole proprietor of a firm along with the c.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Levy of Penalty on Proprietor and Firm

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Orissa High Court Cancels Death Penalty of Tantrik in Murder Case(23.11.2015)

Orissa High Court has set aside death penalty for sacrificing an eight-year-old boy as a religious offering five years ago and acquitted the accused, .....

Tags : Orissa High Court , set aside a death penalty

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IBBI Clarifies Disciplinary Committee May Impose Monetary Penalty(30.07.2021)

Insolvency and Bankruptcy Board of India (IBBI) has issued a circular wherein it was clarified that the Disciplinary Committee of an Insolvency Profes.....

Tags : Insolvency and Bankruptcy Board of India, Disciplinary Committee, Monetary Penalty

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TRAI: Double Penalty for Service Quality Violation(16.10.2015)

Telecom Regulatory Authority of India (TRAI) has doubled penalty for violation of norms based on which service quality is determined in an effort to m.....

Tags : TRAI, penalty

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SC Asks If Death Penalty is to be Done Away, Then Shouldn't Life Term be Till Death?(25.09.2015)

SC while taking note of push on abolition of death penalty, has asked from legal experts whether abolition of death penalty and limiting life term to .....

Tags : SC ,Death Penalty

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Delhi HC Awards Life Term to Domestic Help, Commutes Death Penalty in Double Murder Case(29.09.2015)

Delhi High Court has commuted death penalty and awarded life term to a domestic help for offence of double murder of an old woman and her grandson in .....

Tags : Delhi High Court, death penalty

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Apex Court Stays Death Penalty in Coimbatore Double Murder Case(18.09.2019)

Apex Court has stayed the execution of a man convicted in a rape and double murder case in Coimbatore nine years ago. The Court stayed the execution o.....

Tags : Apex Court, Death Penalty

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Penalty for not Wearing Rear Seatbelt not New, Only Increased(10.09.2019)

Motor Vehicles (Amendment) Act, 2019 has increased the fine for not wearing the rear seatbelt to Rs 1000. The fine on the same had always existed as p.....

Tags : Penalty, Seatbelt

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Delhi High Court: Lesser Penalty Can be Applied Retrospectively(11.09.2019)

Delhi High Court has ruled that a lesser punishment introduced in an Act following an amendment can be applied retrospectively. The rule against retro.....

Tags : Delhi High Court, Penalty

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Supreme Court Commutes Death Penalty of Man Convicted for Murder of Wife and Four Kids(03.10.2019)

Supreme Court has partly allowed the review petition of Sudam @ Rahul Kaniram Jadhav, convicted for murder of his wife and four children by commutatio.....

Tags : Supreme Court, Death Penalty

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Supreme Court Upholds Death Penalty to 'Tantric' Couple who Killed Infant for Human Sacrifice(04.10.2019)

Supreme Court has upheld the death sentence awarded to a ‘tantric’ couple accused of murdering a boy by performing the ritual of human sacrifice. The .....

Tags : Supreme Court, Death Penalty

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Supreme Court Reconfirms Death Penalty for Coimbatore Rape and Murder Convict(07.11.2019)

Supreme Court has dismissed the petition against the death sentence of a man convicted of "horribly" gang-raping a 10-year-old girl before murdering h.....

Tags : Supreme Court, Death Penalty

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Apex Court Stays Death Penalty of Rajasthan Blast Case Convict(03.12.2019)

Apex Court has stayed the execution of death penalty awarded to a convict in the 23-year-old case of bomb blast in a bus in Rajasthan's Dausa district.....

Tags : Apex Court, Death Penalty

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CESTAT: No Penalty Can be Imposed on Partners if Penalty Imposed on Partnership Firm(23.01.2020)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that when a penalty is imposed on a partnership firm, a penalty canno.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Penalty on Partners

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Calcutta HC: No Data to Establish that Imposition of Death Penalty Leads to Decrease in Crime(06.12.2019)

Calcutta High Court has allowed the Death Reference Appeal of a habitual offender while observing that there is statistical data to conclusively estab.....

Tags : Calcutta HC, Death Penalty

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Kerala HC Confirms Death Penalty To A Man Accused of Rape and Murder Of 9-Yr-Old Girl(16.04.2018)

Kerala High Court has upheld the death sentence of a man accused of rape and murder of a 9-year-old girl, who was his daughter’s friend.

Tags : Kerala High Court, Death Penalty

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Supreme Court Dismisses Curative Pleas of Two Death Row Convicts(14.01.2020)

Supreme Court has dismissed the curative petitions of Vinay Sharma and Mukesh, two of the four convicts awaiting execution of death penalty in the Nir.....

Tags : Supreme Court, Nirbhaya, Death Penalty

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ITAT Jaipur: No Penalty Even If Discrepancies Found During Survey(17.12.2019)

Income Tax Appellate Tribunal, Jaipur has ruled that even if some discrepancies were found during the survey resulting in surrender of income by the A.....

Tags : ITAT Jaipur, Penalty

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Pakistan Court Hands Death Penalty to Former President Pervez Musharraf(17.12.2019)

Pakistan Court has sentenced former president Pervez Musharraf to death for high treason, giving its judgment on charges relating to the imposition of.....

Tags : Pakistan Court, Death Penalty

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ITAT, Ahmedabad Imposes Penalty on Assessee for Delay in Filing Appeal and Non-Appearance(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has imposed a penalty of Rs. 5000 on an Assessee on the grounds of a delay of 358 days in filing an ap.....

Tags : Income Tax Appellate Tribunal, Penalty on Assessee for Delay in Filing Appeal

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Calcutta HC Quashes Order Imposing Penalty for Expiry of E-Way Bill as No Intention to Evade Tax(02.03.2022)

Calcutta High Court has quashed the order imposing penalty for expiry of e-way bill as there was no intention to evade tax. The Court has set aside th.....

Tags : Calcutta High Court, Penalty for Expiry of E-Way Bill

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Delhi High Court Stays Penalty Against Nestle(24.02.2020)

Delhi High Court has stayed the National Anti- Profiteering Authority’s order against Nestle, imposing a penalty of Rs 73 Crore for not passing on the.....

Tags : Delhi High Court, Nestle, Penalty

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CESTAT, New Delhi Upholds Penalty Against Sales Managers for Evading Customs Duty(26.02.2020)

Customs Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi has upheld the order of the Commissioner of Inland Container Depot, wherein pena.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Penalty Against Sales Managers

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ITAT, Bangalore Deletes Penalty on TDS Default by SBI on LTC Payments(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has deleted the penalty proceedings initiated by the tax department against the State bank of India ( .....

Tags : Income Tax Appellate Tribunal, Penalty on TDS Default by SBI

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SC Dismisses Plea Challenging Constitutionality of Execution of Death Penalty by Hanging(02.03.2020)

Supreme Court has dismissed a Petition filed by an 88-year old freedom fighter challenging the constitutional validity of Section 354(5) of the Code o.....

Tags : Delhi Court, Constitutionality of Execution of Death Penalty

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Supreme Court Stays Jaypee Penalty for Noida's Kalypso Project Delay(18.07.2016)

Supreme Court has stayed the execution of a 12 per cent per annum penalty imposed by the National Consumer Disputes Redressal Commission in May on bui.....

Tags : Supreme Court, Jaypee Penalty

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SC Commutes Death Sentence on Rape and Murder Convict to 25 Years Sentence(19.09.2016)

Supreme Court has commuted death penalty of a convict in a rape and murder case of a seven-year-old girl that took place in 2011 in Jabalpur district .....

Tags : Supreme Court, death penalty

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AP HC: Absence of Reasons in Order Imposing Penalty Violates Principles of Natural Justice(31.03.2022)

Andhra Pradesh High Court has observed that absence of reasons in an order as to why conditions and penalty are imposed violates principles of natural.....

Tags : Andhra Pradesh High Court, natural justice, penalty

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Delhi HC: Non-Specification of Limb under which Penalty is Initiated is Arbitrary(04.04.2022)

Delhi High Court has held that the action of income tax authorities to deny the benefit of immunity from penalty under Section 270AA of the Income Tax.....

Tags : Delhi High Court, Imposition of Penalty

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Supreme Court in a Majority Verdict Upholds the Constitutional Validity of Death Penalty(29.11.2018)

Supreme Court has commuted death penalty of a convict accused of killing three people, including two women and in a 2:1 majority the bench upheld the.....

Tags : Supreme Court, Death Penalty

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CBIC Waives Penalty for Non-Compliance to QR Code Provisions(01.12.2020)

Central Board of Indirect Taxes and Customs (CBIC) notified the waiver of penalty for noncompliance to QR code provisions if complied by April 01, 202.....

Tags : Central Board of Indirect Txes and Customs, Penalty for Non-Compliance to QR Code Provisions

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CBIC Waives Penalty for Non-Compliance to QR Code Provisions(01.12.2020)

Central Board of Indirect Taxes and Customs (CBIC) notified the waiver of penalty for noncompliance to QR code provisions if complied by April 01, 202.....

Tags : Central Board of Indirect Txes and Customs, Penalty for Non-Compliance to QR Code Provisions

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SC Upholds Death Penalty of Man for Rape & Murder of 8 Year Old Disabled Girl(24.06.2022)

Supreme Court while upholding death penalty awarded to a 37-year old man for the rape and murder of a seven and a half year old girl who was mentally .....

Tags : Supreme Court, Death Penalty, Rape

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SC: Never Been the Effort of Courts to Make Death Penalty Redundant or Non Existent(27.06.2022)

Supreme Court while upholding the death penalty of a man for the rape and murder of a mentally and physically challenged, seven and half year old girl.....

Tags : Supreme Court, Death Penalty, Redundant

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CIC Imposes Penalty of Re 1 on RTI Applicant(21.09.2016)

Central Information Commission (CIC) has slapped penalty of Re one on an RTI applicant who was acting as a front for a pesticide lobbying group seekin.....

Tags : Central Information Commission, JNU research, penalty

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No Ground to Erase Death Penalty in Indian law: Supreme Court(10.07.2018)

Supreme Court has said that abolition of death penalty by the British Parliament, several Latin American nations and Australian states was no ground t.....

Tags : Supreme Court, Death Penalty

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Mumbai Court Sentences Man to Death for Barbaric Rape & Murder of 32 Years Old(03.06.2022)

Mumbai Sessions Court has sentenced a man to death for rape and murder of 32 years old, stating that it agrees with prosecution that the injuries were.....

Tags : Mumbai Court, Rape, Murder, Death Penalty

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Bombay HC Enhances Punishment, Sentences Watchman to Death for Employer's Dacoity & Murder(11.04.2022)

Bombay High Court has sentenced death penalty to a watchman found guilty of dacoity and the calculated and cold blooded murder of his employers, a pla.....

Tags : Bombay High Court, death penalty, dacoity, cold blooded

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Madras HC Orders to Release Goods and Vehicles on Payment of 25% Penalty Imposed(13.04.2022)

Madras High Court has ordered to release the goods and vehicles detained on payment of 25 % of the penalty imposed and held that as the alleged violat.....

Tags : Madras High Court, penalty, appellate authority

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Bombay HC Acquits Man on Death Row Convicted of Double Murder Citing Fabrication of Evidence(09.05.2022)

Bombay High Court has acquitted Guddu Krish Yadav who was sentenced to death penalty by the Palghar sessions court for the double murder of a colleagu.....

Tags : Bombay High Court, Palghar sessions court, death penalty, double murder, theft

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Bombay HC Acquits Man on Death Row Convicted of Double Murder Citing Fabrication of Evidence(09.05.2022)

Bombay High Court has acquitted Guddu Krish Yadav who was sentenced to death penalty by the Palghar sessions court for the double murder of a colleagu.....

Tags : Bombay High Court, Palghar sessions court, death penalty, double murder, theft

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SC to MP Govt.: Withdraw Policy to Give Incentives to Prosecutors for Securing Death Penalty(20.05.2022)

Supreme Court has directed the Counsel appearing for the State to advise the Madhya Pradesh Government to withdraw all such policies for PPs as well t.....

Tags : Supreme Court, Prosecutors, Death Penalty

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SC Confirms Death Penalty for Police Constable Turned Serial Killer(06.10.2016)

SC has confirmed death penalty for police constable-turned-serial killer B.A. Umesh on the basis of the evidence given by the sole witness in the case.....

Tags : SC, serial killer, sole witness, death penalty

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NCLAT Upholds Imposition of Rs. 200 Crores Penalty on Amazon by CCI(14.06.2022)

National Company Law Appellate Tribunal (NCLAT) has upheld the order passed by Competition Commission of India (CCI) whereby Amazon was directed to pa.....

Tags : NCLAT, CCI, Competition Act, Penalty

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MCA Notifies Penalty for Non-Compliance With NFRA Rules(22.06.2022)

Ministry of Corporate Affairs (MCA) has notified that the non-compliance with the National Financial Reporting Authority Rules (NFRA), 2018 would attr.....

Tags : Ministry of Corporate Affairs, National Financial Reporting Authority Rules, Penalty

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CESTAT: Imposition of Penalty Under CENVAT Credit Rule Will Not Sustain if Facts Not Suppressed(22.06.2022)

Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Delhi Bench has held that imposition of penalty under the CENVAT Credit rule will not susta.....

Tags : CESTAT, CENVAT Credit Rule, Penalty

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CRIMINAL - SC Commutes Death Penalty to Man, Says His Poems Show He is Reformative(05.03.2019)

Supreme Court has commuted to life term the death penalty awarded to a man for murdering a child, saying he wanted to reform himself and poems written.....

Tags : Supreme Court, Death Penalty to Man

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# GST Changes Applicable From 01.01.2021: Penalty for Beneficiaries of Fake Invoicing Introduced(29.12.2020)

Finance Act, 2020 has introduced new sub-section (1A) in Section 122 wherein it has been proposed that a person who retains the benefit of certain tra.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Penalty, Fake Invoicing

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Orissa HC Sets Aside Conviction for Rape, Commutes Death Penalty to Life Imprisonment(10.11.2020)

Orissa High Court has commuted the death sentence of a 28-year-old man to life imprisonment while upholding his conviction for murder of a 9-year-old .....

Tags : Orissa High Court, Commutation of Death Penalty

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ITAT: Accepting Loans Through Journal Entries With Reasonable Cause Will Not Attract Penalty(22.07.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench held that accepting loans through journal entries with reasonable cause will not attract penalty un.....

Tags : ITAT, Journal Entries, Penalty

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Delhi High Court Notices Centre over Vodafone Inter-connection Penalty Dispute(23.12.2016)

Delhi High Court has issued notice to Centre in a plea filed by Vodafone Mobile Services Ltd challenging Telecom Regulatory Authority of India’s (TRAI.....

Tags : Delhi High Court, Vodafone, Inter-connection, Penalty

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Madras High Court Suggests Death Penalty for Corruption(04.11.2020)

Madras High Court has opined that the Central Government should consider imposing death penalty as a punishment for corrupt practices, as done in fore.....

Tags : Madras High Court, Death Penalty for Corruption

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CRIMINAL - Death Penalty Should Remain on Statute Book: Gujarat HC(20.02.2019)

Gujarat High Court has said that although there is a good deal of opposition to death penalty, yet it should remain on statute book, while commuting d.....

Tags : Gujarat High Court, Death Penalty

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SEBI Penalises NDTV Over Non-disclosure of Loan Terms(30.12.2020)

Securities and Exchange Board of India (SEBI) has imposed a penalty of Rs. 5 Crores on New Delhi Television Ltd (NDTV) for not disclosing information .....

Tags : Securities and Exchange Board of India (SEBI) has imposed a penalty of Rs. 5 Crores on New Delhi Television Ltd (NDTV) for not disclosing information on loan agreements with Vishvapradhan Commercial (VCPL) to public shareholders.

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SC Affirms Death Penalty for LeT Militant in 2000 Red Fort Attack Case(03.11.2022)

Supreme Court while dismissing review petition filed by Lakshar-e-Taiba militant Mohammed Arif, has affirmed death penalty awarded to him for 2000 Red.....

Tags : Supreme Court, Review Petition, Death Penalty

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UP Court Awards Death Penalty to 2 Accused for Minor’s Gang Rape(04.11.2022)

Uttar Pradesh Court, Pratapgarh has sentenced 2 convicts to death for kidnapping and rape of a minor girl while observing that the accused not only fo.....

Tags : Uttar Pradesh Court, Death Penalty, Gang Rape, Minor

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Bombay HC Dismisses Plea Challenging Penalty Provision of Pan Masala Rules as Ultra Vires(09.12.2020)

Bombay High Court has dismissed the plea challenging Rule 17(2) of the Pan Masala Packing Machines (Capacity, Determination and Collection of Duty) Ru.....

Tags : Bombay High Court, Penalty Provision of Pan Masala Rules

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Allahabad HC Confirms Death Penalty Awarded To Man Who Killed his Wife and Own Children(07.09.2022)

Allahabad High Court has confirmed the death penalty awarded to a man who committed the murder of his wife and children in the year 2009 on account of.....

Tags : Allahabad High Court, death penalty, relationship

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Compat Reduces Penalty to Rs 2 cr in a Major Relief to State Insurers(12.12.2016)

In a major relief to four state- run insurers namely National Insurance, New India Assurance, Oriental Insurance and United India Insurance Competitio.....

Tags : Compat, Penalty, State Insurers

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SC: 'Ten Times Penalty' Prescribed for Deficit Stamp Duty Cannot be Mechanically Imposed(18.09.2020)

Supreme Court has observed that the penalty of ten times prescribed under Section 40(1) (b) of the Indian Stamp Act, 1899 cannot be mechanically impos.....

Tags : Supreme Court, Penalty under Indian Stamp Act, 1899

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Delhi HC: NCTE Not Empowered to Impose Penalty, Can’t Exercise Function of Regional Committees(16.11.2022)

Delhi High Court has held that National Council for Teacher Education (NCTE) can’t claim existence of any inherent or plenary powers, adding that stat.....

Tags : Delhi High Court, NCTE, Penalty

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Central Board of Direct Taxes Introduces Faceless Penalty Scheme 2021(14.01.2021)

Central Board of Direct Taxes (CBDT) has introduced the Faceless Penalty Scheme 2021 which will digitise issuing of penalties on assessees under the f.....

Tags : Central Board of Direct Taxes, Faceless Penalty Scheme 2021

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Bombay HC: Financial Profit To Assessee Can't Be Ground To Levy Interest Sans Statutory Provision(20.10.2022)

Bombay High Court has ruled that penalty or interest on additional customs duty (CVD) and special additional duty of customs (SAD), or surcharge, whic.....

Tags : Bombay High Court, customs, penalty

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Notifications & Circulars

CCI imposes penalties on cement companies for bid-rigging(19.01.2017)

The Competition Commission of India ('CCI') has imposed penalties on 7 cement companies for bid rigging of a tender floated by the Director, Supplies .....

Tags : Penalty, Levy, Cement companies

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CCI issues important order under Lesser Penalty Provisions in the cartel case by leading Indian Zinc-Carbon Dry Cell Battery Manufacturers(19.04.2018)

The Competition Commission of India ('CCI') passed Final Order imposing penalty on three leading Indian Zinc-Carbon Dry Cell Battery manufacturers-Eve.....

Tags : Order, Issuance, Penalty Provisions

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AOs to not issue penalty notices under Sections 271D,E of IT Act(26.04.2016)

The Central Board of Direct Taxes set forth a “Departmental View” to assuage conflicting notions on the limitation for imposition of penalty under Sec.....

Tags : income tax, penalty notice, limitation

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Reserve Bank of India imposes monetary penalty on IDBI Bank Limited(11.04.2018)

The Reserve Bank of India (RBI) has imposed, through an order dated April 09, 2018, a monetary penalty of Rs. 30 million on IDBI Bank Limited (the ban.....

Tags : Penalty, Imposition, IDBI Bank

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CCI passes order under Lesser Penalty Provisions against broadcasting service providers for rigging bids in tenders by Sports Broadcasters(11.07.2018)

This case was taken up by Competition Commission of India ('CCI') suo motu under Section 19 of the Competition Act, 2002 ('the Act') based on the disc.....

Tags : Penalty Provisions, Broadcasting, Service providers, Rigging bids

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Competition Commission of India imposes penalty upon Esaote S.p.A and Esaote Asia Pacific Diagnostic Pvt. Ltd. for abusing dominant position(27.09.2018)

The Competition Commission of India (CCI) has imposed a penalty of Rs. 9.33 lac upon Esaote S.p.A and Esaote Asia Pacific Diagnostic Pvt. Ltd. ('Esaot.....

Tags : Penalty, Imposition, Dominant position

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CCI imposes penalties upon Sugar Mills and their Associations for rigging the bids in respect of Joint Tender floated by Oil Marketing Companies for procurement of Ethanol for blending with Petrol(18.09.2018)

The Competition Commission of India (CCI) has imposed penalties upon 18 sugar mills and 2 Associations (Indian Sugar Mills Association and Ethanol Man.....

Tags : Penalty, Imposition, Bid rigging

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Competition Commission of India decides the Third Lesser Penalty case in respect of cartelisation in Indian Zinc-Carbon Dry Cell Batteries Market(17.01.2019)

The Competition Commission of India ('CCI') passed a Final Order imposing penalty on Panasonic Energy India Co. Limited ('Panasonic') and Godrej and B.....

Tags : Penalty, Cartelisation, Dry cell batteries

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Competition Commission of India imposes Penalty on Chemists and Druggists Association of Baroda(16.01.2019)

The Competition Commission of India ('Commission') has found the Chemists and Druggists Association of Baroda ('CDAB') to be in contravention of the p.....

Tags : Restrictive trade practices, Penalty, Imposition

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Reserve Bank of India imposes monetary penalty on Central Bank of India(10.11.2020)

Reserve Bank of India (RBI) has, by an order dated November 10, 2020, imposed a monetary penalty of Rs. 50 lakh (Rupees Fifty lakh only) on Central Ba.....

Tags : Penalty, Imposition, Central Bank

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Reserve Bank of India imposes monetary penalty on Muthoot Finance Limited(19.11.2020)

The Reserve Bank of India (RBI) has imposed, by an order dated November 19, 2020, a monetary penalty of Rs.10.00 lakh (Rupees Ten lakh only) on Muthoo.....

Tags : Penalty, Imposition, Muthoot Finance

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Reserve Bank of India imposes monetary penalty on Bajaj Finance Limited(05.01.2021)

The Reserve Bank of India (RBI) has imposed a monetary penalty of Rs. 2.50 crore (Rupees Two crore Fifty lakh only) on Bajaj Finance Limited, Pune (th.....

Tags : Penalty, Imposition, Bajaj Finance

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RBI imposes monetary penalty on Punjab National Bank(07.06.2021)

The Reserve Bank of India (RBI) has imposed, by an order dated June 07, 2021, a monetary penalty of Rs.2 crore (Rupees Two Crore only) on Punjab Natio.....

Tags : Penalty, Imposition, PNB

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RBI imposes monetary penalty on Axis Bank Limited(28.07.2021)

The Reserve Bank of India (RBI) has imposed, by an order dated July 28, 2021, a monetary penalty of Rs. 5.00 crore (Rupees Five crore only) on Axis Ba.....

Tags : Penalty, Imposition, Axis Bank

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RBI imposes monetary penalty on Hewlett-Packard Financial Services (India) Private Ltd(03.08.2021)

The Reserve Bank of India (RBI) has, by an order dated August 03, 2021, imposed a monetary penalty of Rs. 6 lakh (Rupees Six Lakh only) on Hewlett-Pac.....

Tags : Penalty, Imposition, Non-compliance

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Reserve Bank of India imposes monetary penalty on Indian Bank(20.11.2019)

The Reserve Bank of India (RBI) has imposed, by order dated November 18, 2019, monetary penalty of Rupees One crore on Indian Bank (the bank) for non-.....

Tags : Penalty, Imposition, Indian Bank

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RBI imposes monetary penalty on two Payment System Operators(20.10.2021)

The Reserve Bank of India (RBI) had, by an order dated October 01, 2021, imposed a monetary penalty of Rs.1 crore (Rupees one crore only) on Paytm Pay.....

Tags : Penalty, Imposition, Payment System Operators

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Reserve Bank of India imposes monetary penalty on SBM Bank (India) Ltd(16.10.2019)

The Reserve Bank of India (RBI) has, by an order dated October 15, 2019, imposed a monetary penalty of Rs. 3 crore on SBM Bank (India) Ltd. for non-co.....

Tags : Penalty, Imposition, SBM Bank

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RBI imposes monetary penalty on Amrit Malwa Capital Limited, Jalandhar, Punjab(28.09.2021)

The Reserve Bank of India (RBI) has, by an order dated September 28, 2021, imposed a monetary penalty of Rs.10 lakh (Rupees Ten Lakh only) on Amrit Ma.....

Tags : Penalty, Imposition, Company

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Reserve Bank of India imposes penalty on United Overseas Bank Limited(03.10.2019)

The Reserve Bank of India (RBI) has, by an order dated October 01, 2019, imposed a monetary penalty of ` One crore on United Overseas Bank Limited (th.....

Tags : Non-compliance, Provision, Penalty, Imposition

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Reserve Bank of India imposes monetary penalty on Axis Bank Limited(01.09.2021)

The Reserve Bank of India (RBI) has imposed, by an order dated September 01, 2021, a monetary penalty of Rs. 25 lakh (Rupees Twenty five lakh only) on.....

Tags : Penalty, Imposition, Axis Bank

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RBI imposes monetary penalty on Union Bank of India(29.11.2021)

The Reserve Bank of India (RBI) has, by an order dated November 25, 2021, imposed a monetary penalty of Rs. 1 Crore (Rupees One Crore only) on Union B.....

Tags : Non-compliance, Monetary penalty, Imposition

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Reserve Bank of India imposes monetary penalty on Gayatri Co-operative Urban Bank Ltd.(10.01.2022)

The Reserve Bank of India (RBI) has imposed, by an order dated January 4, 2022, a monetary penalty of Rs. 1.00 lakh (Rupees one lakh only) on Gayatri .....

Tags : Non-compliance, Penalty, Imposition

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CCI imposes a penalty on paper manufacturers for indulging in cartelisation(18.11.2021)

The Competition Commission of India (CCI) issued a final order yesterday against certain companies manufacturing paper from agricultural waste and rec.....

Tags : Penalty, Imposition, Cartelisation

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RBI imposes monetary penalty on Nagrik Sahakari Bank Maryadit, Durg, Chhattisgarh(16.11.2021)

The Reserve Bank of India (RBI) has imposed, by an order dated November 16, 2021, a monetary penalty of Rs. 2.00 lakh (Rupees Two lakh only) on Nagrik.....

Tags : Penalty, Imposition, Bank

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Reserve Bank of India imposes monetary penalty on The Baramulla Central Co-operative Bank Limited(21.02.2022)

Reserve Bank of India (RBI) has imposed, by an order dated February 15, 2022, a monetary penalty of ₹ 2.00 lakh (Rupees Two Lakh only) on the Baramull.....

Tags : Contravention, Penalty, Imposition

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Reserve Bank of India imposes monetary penalty on Saraswat Co-operative Bank Ltd.(28.05.2020)

The Reserve Bank of India (RBI) has imposed, by an order dated February 20, 2020, a monetary penalty of Rs.30 lakh (Rupees Thirty lakh only) on Sarasw.....

Tags : Penalty, Imposition, Non-compliance

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Reserve Bank of India imposes monetary penalty on United India Co-operative Bank Limited, Uttar Pradesh(14.03.2022)

The Reserve Bank of India (RBI) has imposed, by an order dated March 09, 2022, a monetary penalty of Rs. 1.00 lakh (Rupees One Lakh only) on the Unite.....

Tags : Contravention, Penalty, Imposition

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RBI imposes monetary penalty on Nashik Zilla Girna Sahakari Bank Ltd., Nashik(24.09.2020)

The Reserve Bank of India (RBI) has imposed, by an order dated September 23, 2020 a monetary penalty of Rs.2,000 on Nashik Jillha Girna Sahakari Bank .....

Tags : Monetary penalty, Imposition

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RBI imposes monetary penalty on Tiruchengode Co-operative Urban Bank Ltd.(27.06.2022)

The Reserve Bank of India (RBI) has imposed, by an order dated June 24, 2022, a monetary penalty of ₹ 10.00 lakh (Rupees Ten lakh only) on The Tiruche.....

Tags : Non-adherence, Penalty, Imposition

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Reserve Bank of India imposes monetary penalty on FINO Payments Bank Limited(05.11.2018)

The Reserve Bank of India (RBI) has, on October 31, 2018, imposed a monetary penalty of Rs. 10 million on FINO Payments Bank Limited (the bank) for co.....

Tags : Penalty, Imposition, Bank Limited

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RBI imposes monetary penalty on The Jammu and Kashmir Bank Ltd(14.11.2018)

The Reserve Bank of India (RBI) has imposed, by an order dated November 05, 2018, a monetary penalty of Rs. 30 million on The Jammu and Kashmir Bank L.....

Tags : Penalty, Imposition, Bank

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RBI imposes monetary penalty on The Moirang Primary Co-operative Bank Ltd., Moirang (Manipur)(28.07.2022)

The Reserve Bank of India (RBI) has imposed, by an order dated July 28, 2022, a monetary penalty of Rs. 1.00 lakh (Rupees One lakh only) on The Moiran.....

Tags : Penalty, Imposition, Non-compliance

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Reserve Bank of India imposes monetary penalty on DCB Bank Limited(28.10.2020)

The Reserve Bank of India (RBI) has, by an order dated October 28, 2020, imposed a monetary penalty of Rs. 22 lakh (Rupees Twenty Two lakh only) on DC.....

Tags : Penalty, Imposition, DCB Bank Limited

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RBI imposes monetary penalty on Warud Urban Co-operative Bank Ltd., Warud (Maharashtra)(08.08.2022)

The Reserve Bank of India (RBl) has imposed, by an order dated August 05, 2022, a monetary penalty of Rs. 1.00 lakh (Rupees One lakh only) on Warud Ur.....

Tags : Penalty, Imposition, Non-compliance

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Reserve Bank of India imposes monetary penalty on South Indian Bank Limited(19.06.2019)

The Reserve Bank of India (RBI) has imposed, by order dated June 13, 2019, monetary penalty of Rs.1 million on South Indian Bank Limited (the bank) fo.....

Tags : Monetary penalty, Imposition, South Indian Bank Limited

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RBI imposes monetary penalty on State Bank of India(16.03.2021)

The Reserve Bank of India (RBI) has, by an order dated March 15, 2021, imposed a monetary penalty of ₹2 Crore (Rupees Two Crore only) on State Bank of.....

Tags : Monetary penalty, Imposition, SBI

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RBI imposes monetary penalty on LIC Housing Finance Limited, Mumbai(31.10.2022)

The Reserve Bank of India (RBI) has, by an order dated October 21, 2022, imposed a monetary penalty of Rs. 5.00 lakh (Rupees Five lakh only) on LIC Ho.....

Tags : Penalty, Imposition, Non-compliance

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Reserve Bank of India imposes monetary penalty on Punjab National Bank(27.03.2019)

Reference is invited to the Press Release No. 2018-2019/2144 dated March 08, 2019 regarding imposition of penalty on 36 banks for non-compliance with .....

Tags : Direction, Non-compliance, Penalty, Imposition

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Standards of Quality of Service Regulations and results test drives in Mumbai and Delhi(15.10.2015)

Pursuant to its ‘test drives’ to assess service quality of various telecom providers in the Mumbai and Delhi, TRAI has concluded there had been no sig.....

Tags : Trai, graded, penalty, telecom, parameter, test, drive, assess, metros

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Penalty for repeated delivery default(17.08.2021)

1. SEBI had stipulated delivery default norms vide Circular SEBI/HO/CDMRD/DRMP/CIR/P/2021/35 dated March 23, 2021. It is felt that there is a need to .....

Tags : Penalty, Delivery Default

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Reserve Bank of India imposes monetary penalty on Apna Sahakari Bank Ltd., Mumbai(23.01.2020)

The Reserve Bank of India (RBI) has, by order dated January 22, 2020, imposed monetary penalty of Rs. 14 lakh on Apna Sahakari Bank Ltd., Mumbai, (the.....

Tags : Penalty, Imposition, Bank

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Reserve Bank of India imposes monetary penalty on ICICI Bank Ltd.(15.12.2021)

The Reserve Bank of India (RBI) has imposed, by an order dated December 13, 2021, a monetary penalty of Rs. 30 Lakh (Rupees Thirty Lakh only) on ICICI.....

Tags : Penalty, Imposition, Non-compliance

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RBI imposes Monetary Penalty on M/s Radhakrishna Finance Pvt. Ltd(14.12.2017)

The Reserve Bank of India (RBI) has imposed a monetary penalty of ?1 lakh on M/s Radhakrishna Finance Pvt. Ltd. (the company) under Section 58G(1)(b) .....

Tags : Direction, Violation, Penalty, Imposition

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RBI penalises 13 Banks for violating KYC Norms(27.07.2016)

The Reserve Bank of India has imposed monetary penalty on the following banks for violation of regulatory directions / instructions / guidelines, amon.....

Tags : KYC Norms, Violation, Penalty

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Reserve Bank of India imposes monetary penalty on State Bank of India(07.03.2018)

The Reserve Bank of India (RBI) has imposed, on March 01, 2018, a monetary penalty of ` 4 million on State Bank of India (the bank) for non-compliance.....

Tags : Penalty, Imposition, SBI

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Reserve Bank of India imposes monetary penalty on Federal Bank Limited(03.10.2018)

The Reserve Bank of India (RBI) has imposed, by an order dated September 25, 2018, a monetary penalty of Rs. 50 million on Federal Bank Limited (the b.....

Tags : Penalty, Federal bank, Imposition

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RBI imposes monetary penalty on The Akola Urban Co-operative Bank Ltd., Akola, Maharashtra(17.08.2022)

The Reserve Bank of India (RBI) has, by an order dated August 10, 2022, imposed a monetary penalty of Rs. 15.00 lakh (Rupees Fifteen lakh only) on The.....

Tags : Penalty, Imposition, Non-compliance

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RBI imposes monetary penalty on Bharat Heavy Electricals Employees' Co-operative Bank Limited, Kailasapuram, Tiruchirappalli, Tamil Nadu(29.08.2022)

The Reserve Bank of India (RBI) has imposed, by an order dated August 22, 2022, a monetary penalty of Rs. 10.00 lakh (Rupees Ten lakh only) on Bharat .....

Tags : Penalty, Imposition, Non-compliance

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RBI imposes monetary penalty on National Central Cooperative Bank Ltd., Bettiah, Bihar(11.07.2022)

The Reserve Bank of India (RBI) has imposed, by an order dated July 08, 2022, a monetary penalty of ₹ 2.00 lakh (Rupees Two lakh only) on The National.....

Tags : Non compliance, Penalty, Imposition

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Imposition of monetary penalty on Parwanoo Urban Co-operative Bank Limited, Parwanoo, Himachal Pradesh(21.11.2022)

The Reserve Bank of India (RBI) has imposed, by an order dated November 15, 2022, a monetary penalty of Rs 3.00 lakh (Rupees Three Lakh only) on The P.....

Tags : Penalty, Imposition, Non-compliance

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Reserve Bank of India imposes monetary penalty on Manappuram Finance Limited(19.11.2020)

The Reserve Bank of India (RBI) has imposed, by an order dated November 19, 2020, a monetary penalty of Rs. 5.00 lakh (Rupees Five lakh only) on Manap.....

Tags : Penalty, Imposition, Manappuram Finance

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RBI imposes monetary penalty on G.S. Mahanagar Co-operative Bank Limited, Mumbai(12.09.2022)

The Reserve Bank of India (RBI) has, by an order dated September 08, 2022, imposed a monetary penalty of ₹ 25.00 lakh (Rupees Twenty-five lakh only) o.....

Tags : Non-compliance, Penalty, Imposition

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Reserve Bank of India imposes monetary penalty on Standard Chartered Bank - India(21.01.2021)

The Reserve Bank of India (RBI) has, by an order dated January 21, 2021, imposed a monetary penalty of Rs. 2 Crore (Rupees Two Crore only) on Standard.....

Tags : Penalty, Imposition, Bank

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Reserve Bank of India imposes monetary penalty on Syndicate Bank(05.02.2019)

The Reserve Bank of India (RBI) has imposed, by an order dated January 30, 2019, a monetary penalty of Rs. 10 million on Syndicate Bank (the bank) for.....

Tags : Penalty, Imposition, Syndicate Bank

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Judgments

Chemists and druggists associations practice of mandating NOC requirement prior to the appointment of stockists held anti-competitive(28.07.2016)

Instant information was filed for alleged contravention by Opposite Parties in denying supply of drugs to Informant for want of a No Objection Certifi.....

Tags : Anti-competitive practice, Provisions, Violations, Penalty

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Penalty not imposable in absence of determination of duty(04.11.2016)

Appellant is a dealer for dealing in plastic granules and also as have manufacturing unit for manufacturing PP bags. During course of audit, it was no.....

Tags : Penalty, Levy, Validity

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If there is calculated effort to undermine judiciary, Courts will exercise jurisdiction to punish offender for contempt(21.10.2016)

Appellants were found guilty of committing contempt by High Court of Rajasthan. Simple imprisonment of two months and fine was imposed. Aggrieved by s.....

Tags : Derogatory statements, Contempt, Penalty

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Inquiry proceedings can be closed, once an employee unconditionally admitted the charges and that admission not recorded under any duress, force or pressure(21.10.2016)

By present petition, Petitioner challenged suspension order dated 7 June 2011, order dated 14 February 2013 imposing penalty of dismissal as confirmed.....

Tags : Charges, Dismissal, Penalty

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Maintenance of regular savings bank account and availing services provided by Bank covered under definition of consumer(11.11.2016)

Issue in present case is relating to deficiency in service on part of Bank in denying payment of cheque and resultantly, financial loss had been cause.....

Tags : Penalty, Cheque, Payment

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A concluded agreement is not contemplated to be the starting point of offer period(02.12.2016)

Challenge in present appeal is to an order of Securities Appellate Tribunal, reversing order of Adjudicating Officer holding Respondents guilty of con.....

Tags : Contravention, Penalty, Reversal of order

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Courts cannot usurp function of disciplinary authority, decision qua nature and quantum prerogative of disciplinary authority(09.12.2016)

A departmental inquiry was conducted against Respondent No.1, an employee of Appellant, into certain charges of misconduct. In said inquiry, charges w.....

Tags : Penalty, Alteration, Jurisdiction

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Transaction value has to be admitted as assessable value unless proved to be incorrect(07.04.2017)

Appellant imported various automobile parts under cover of Bill of Entry on declared value. Such goods were cleared from Customs after paying customs .....

Tags : Goods, Valuation, Confiscation, Penalty

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Enhancement of value based upon weekly average price is held as bad in law(18.04.2017)

In facts of present case, Appellant filed Bill of Entry for import of rough marble blocks imported from Turkey along with other relevant documents. A.....

Tags : Valuation, Confiscation, Penalty

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Assessee is eligible for benefit under Section 80 of Finance Act, 1994, where service tax along with interest is paid before issue of show-cause notice(07.06.2017)

Present appeal has been filed by Revenue against impugned order passed by Commissioner whereby Commissioner has dropped penalty under Section 76, 77 a.....

Tags : Penalty, Dropping of, Validity

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Correct value of clearances intended to nil rate of duty should include value of clearances of one arm factory belonging to same manufacturer(21.06.2017)

Present appeals have been filed against order in original passed by Commissioner of Central Excise. Central Excise officers carried out such operation.....

Tags : Demand, Penalty, Validity

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Capital goods removed from factory should be received back within 180 days and if not received, Appellant is required to reverse the credit availed on such capital goods(29.06.2017)

In facts of present case are that, Appellants had availed CENVAT credit on capital goods and transferred same to their sister unit adjacent to their f.....

Tags : Demand, Penalty, Validity

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Misappropriation of customers' money by a bank officer is a serious misconduct and does not warrant lenient view(01.06.2018)

In facts of present case, the Respondent was given compassionate appointment by the Appellant-Bank on the post of Clerk because his father died in har.....

Tags : Misappropriation, Penalty, Validity

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Confessional statements solely in absence of any cogent evidences cannot make foundation for levying excise duty on ground of evasion of tax(31.07.2018)

The brief facts of the case are that, the Appellant were engaged in the manufacture of Pan Masala and Pan Masala containing tobacco (Gutkha). Appellan.....

Tags : Demand, Penalty, Legality

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An apology for criminal contempt of Court must be offered at the earliest, since a belated apology hardly shows the "contrition which is essence of purging of contempt"(24.08.2018)

Present Court after noticing that, the Respondent had made certain scurrilous and indecent attacks against the Judicial Magistrate initiated suo motu .....

Tags : Notice, Contempt, Penalty

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Clandestine removal allegations cannot be upheld on basis of sole statement of one of employees, unless same are corroborated by other independent evidences(24.08.2018)

The Appellant's factory is engaged in the manufacture of Aluminium Profiles (hollow) of various sizes and specifications, was visited by the Central E.....

Tags : Demand, Penalty, Legality

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CENVAT credit can be availed on the basis of debit notes(14.12.2018)

In instant matter, the Appellant herein is a Public Sector Undertaking engaged in manufacture of various petroleum products and have been availing the.....

Tags : Demand, Penalty, Confirmation

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Court can substitute penalty imposed on employees, keeping in view the long period of time which had elapsed from date of imposition of penalty(20.09.2018)

The present intra Court appeal impugns the order passed by the learned Single Judge whereby while allowing the writ petition filed by the Respondent, .....

Tags : Penalty, Removal, Modification

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Departmental proceedings could continue even after date of superannuation(07.12.2018)

The Petitioner has filed the present petition under Article 226 of the Constitution of India challenging the legality of the order passed by Director,.....

Tags : Penalty, Imposition, Validity

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If the Assessee pays tax with interest, no notice shall be served(20.09.2018)

The Appellants are engaged in providing services under the category of "mining of mineral service". The Joint Commissioner of Service Tax issued a sho.....

Tags : SCN, Penalty, Imposition

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Mere taking of cenvat credit in book of account would not entail interest and penalty unless same is drawn from account of the government by way of refund or utilisation against duty dues(23.01.2019)

Appellant manufactures bright bar of stainless steel, and mild steel and mild steel wire. It has registered under the Central Excise Act. It availed c.....

Tags : Duty demand, Interest, Penalty

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Penalty can only be invoked, when there is failure to furnish return in prescribed form and not that return has been incorrectly filed(25.01.2019)

In instant case, order passed by the Commissioner of CGST & CE, (Appeals), setting aside the penalty imposed by the adjudicating authority on the Resp.....

Tags : Penalty, Deletion, Validity

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Simultaneous penalties under Section 76 as well as 78 of Finance Act cannot be imposed(26.02.2019)

The Respondents are engaged in providing advertising services by displaying the advertisement of their clients on bus back panels, bus shelters etc., .....

Tags : Demand, Penalty, Levy

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Lack of due diligence and failure to take more precautions cannot by itself bring in penal consequences for imposition of penalty, a positive act or omission is to be established(07.05.2019)

Present Appeal has been filed from the order passed by the Commissioner of Customs (Appeals) by which the Commissioner (Appeals) disposed of the Appea.....

Tags : Penalty, Imposition, Legality

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Transaction value has to be accepted as correct assessable value and same cannot be enhanced on basis of NIDB data(19.06.2019)

As per facts on record, the Appellant is manufacturer of 'Aluminum Ingots and for the said purpose, they imported aluminium dross under the cover of t.....

Tags : Demand, Penalty, Legality

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Unless it is proved that, person to be penalized has intentionally implicated himself in use of false and incorrect materials, there can be no justification for penalty(25.07.2019)

The only issue involved in the present appeal by the Assessee is the levy of penalty under Section 114AA of the Customs Act, 1962. The Appellant prefe.....

Tags : Penalty, Imposition, Validity

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Once goods were certified to be warehoused by consignee, consigner cannot be held responsible for contravention of law(12.09.2019)

The brief facts of the case are that, the Appellants are engaged in the manufacture of Polyester Knitted Fabrics from Polyester Yarn. They are clearin.....

Tags : Demand, Penalty, Confirmation

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Key persons involved in KFEF film ban let off hook(19.04.2016)

Competition Commission of India cannot impose penalties on individual members of a body found to have indulged in anti-competitive activities without .....

Tags : competition, penalty, notice, natural justice

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Duty demand consequent to denial of credit cannot be raised from an Input Service Distributor(02.01.2020)

The facts of the case in brief are that, the Appellant is engaged in the business of manufacture of coal tar products at various manufacturing units. .....

Tags : Demand, Penalty, Legality

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Any change in law is to be applied prospectively only and cannot be applied retrospectively to detriment of Appellants(20.12.2019)

In facts of present case, Department has conducted stock taking of the unit of the Appellants, Eastern Silk Industries, an EOU unit. The Department al.....

Tags : Demand, Penalty, Legality

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If Assessee has reasonable cause for non-filing of Income Tax Return, penalty is unsustainable(10.08.2020)

Present two appeals arise out of the orders passed by CIT(A), confirming penalty imposed under Section 271F of the Income-tax Act, 1961 ( IT Act) in r.....

Tags : Penalty, Imposition, Legality

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Motor Vehicles not complying with the requirement of possessing or displaying a valid PUC Certificate cannot be debarred from being supplied fuel(28.08.2020)

Present appeals filed by the State of Madhya Pradesh, are against an order passed by the National Green Tribunal, allowing Original Application filed .....

Tags : PUC Certificate, Compliance, Penalty

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Penalty cannot be imposed in absence of clarity on whether there is concealment of income(15.10.2020)

In present appeals, the grievance of the revenue is that the learned CIT(A) was not justified in deleting the penalty levied under Section 271(1)(c) o.....

Tags : Deletion, Penalty, Validity

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Where the value declared in the return of income has been accepted by the Assessing officer, there cannot be any basis for levy of penalty for concealment of income(15.02.2021)

Present is an appeal filed by the assessee against the order of Learned CIT(A). The only effective ground of appeal relates to levy of penalty under S.....

Tags : Penalty, Levy, Legality

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Subsequent compliance in assessment proceedings is considered as a good compliance and default committed earlier needs to be condoned by the Assessing officer(28.10.2020)

Present appeals have been preferred by the Assessees against the separate orders of the Learned Commissioner of Income Tax (Appeals) {CIT(A)} wherein .....

Tags : Penalty, Levy, Validity

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'Ten times penalty' prescribed for deficit stamp duty cannot be mechanically imposed(17.09.2020)

The Appellant by present appeals challenges the judgment of learned Single Judge of the High Court dismissing the Writ Petition of the Appellant as we.....

Tags : Stamp duty, Penalty, Imposition

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No penalty can be levied, when the violation is technical and venial(06.01.2021)

Present is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax-(A) [CIT (A)] passed under Section 250 of the .....

Tags : Penalty, Imposition, Validity

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No penalty shall be imposable on the persons or the assessee, if he proves that there was a reasonable cause for failure referred in Section 271 D of IT Act, 1961(10.03.2021)

In facts of present case, the assessee filed return of income declaring income of Rs. 2,30,000 plus agricultural income of Rs. 1,10,000 was filed on 3.....

Tags : Penalty, Levy, Legality

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When the notice issued by AO is ambiguous, penalty proceedings are not sustainable(09.04.2021)

The assessee is private limited company, engaged in the business of share, commodity trading and investment activities. It filed its return of income .....

Tags : Penalty, Levy, Validity

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Concealment involves penal action; it has to be proved as a conscious act(05.03.2021)

Furnishing of inaccurate particulars of income cannot attract the provisions of penalty under Section 271 (1)(c) of IT Act

The present appeal.....

Tags : Penalty, Deletion, Legality

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An importer is entitled to avail cenvat credit on inputs, if the importer is registered in terms of the provisions of Central Excise Rules(17.06.2021)

The issue in present appeal is whether the Appellant have rightly taken credit of service tax on port charges etc. in the facts that they had purchase.....

Tags : Cenvat credit, Penalty, Legality

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No penalty could be levied on an assessee for a mere technical venial breach(11.06.2021)

Present appeal arises out of the order by the learned Commissioner of Income Tax (Appeals), in the matter of imposition of penalty under Section 272A(.....

Tags : Penalty, Imposition, Legality

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Where inapplicable portions were not struck off in the penalty notice, the penalty was vitiated(17.05.2021)

The facts of the case are that the assessee has been the proprietor of Food Land Agro (India) engaged in the business of processing and sale of milk. .....

Tags : Penalty, Levy, Notice

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When non-payment of tax is not due to fraud, collusion, wilful misstatement or suppression of facts, penalty cannot be imposed(30.06.2021)

The Appellant is engaged in providing construction of residential complex services. During the course of audit of the records, for the period 2012-201.....

Tags : Penalty, Imposition, Validity

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Concealment of income can be levied only in cases where the concealment has been proved(26.07.2021)

Assessee is a company who filed its return of income for A.Y. 2008-09, declaring total income of Rs.1307,37,84,038. Thereafter, assessee filed revised.....

Tags : Assessment, Penalty, Levy

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Rs. 7,000 crore penalty imposed on PACL Ltd.(22.09.2015)

SEBI imposed a penalty of Rs. 7,269 crores on PACL Ltd. and its directors for its violations in the securities market. The order is in furtherance to .....

Tags : Sebi, penalty, pacl, largest

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When the actual cost towards handling charges are available, notional addition is not legally tenable(23.08.2017)

The Appellant is engaged in air transport business both in domestic and international sector. They operate some of their air crafts in domestic sector.....

Tags : Demand, Penalty, Confirmation, Legality

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Penalty provisions are applicable only when there is a failure to furnish returns or there is concealment of income or furnishing of inaccurate particulars before the Assessing Officer(23.07.2021)

The assessee is an individual and earned income from purchase and sale of properties and shown income under the head capital gain. The assessee claim .....

Tags : Penalty, Levy, Validity

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Penalty levied shall be cancelled, where as a result of final order, the amount of tax, with respect to the default in payment of which the penalty was levied, has been wholly reduced(20.07.2021)

Both the appeals filed by the respective assessees are directed against the orders passed by Learned Commissioner of Income Tax [CIT(A)] in their resp.....

Tags : Assessment, Penalty, Levy

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Quantum proceedings and penalty proceedings are independent and so, distinct proceedings and confirmation of an addition cannot, on a standalone basis, justify upholding of a penalty(02.09.2021)

By present miscellaneous application, the applicant revenue seeks to recall order passed, wherein the revenue's appeal was summarily dismissed on acco.....

Tags : Assessment, Penalty, Upholding of

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Quantification of penalty is dependent upon the additions made to the income of the assessee(02.08.2021)

Assessee is a company stated to be engaged in the business of carrying on infrastructure activities. Assessee filed its return of income for Assessmen.....

Tags : Assessment, Penalty, Validity

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Where initiation of penalty is one limb and the levy of penalty is on other limb, then in the absence of proper show cause notice to the assessee, there is no merit in levy of penalty(27.09.2021)

Assessee is an individual stated to be engaged in the business of financial services and facilitates loans to various clients from financial instituti.....

Tags : Assessment, Penalty, Legality

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When the notice issued by the AO is vague and ambiguous, the penalty proceedings initiated under Section 271(1)(c) of IT Act are not sustainable(13.08.2021)

In facts of present case, on the basis of assessment framed under Section 143(3) of Income Tax Act, 1961, penalty proceedings have been initiated for .....

Tags : Assessment, Penalty, Legality

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CCI penalty on total turnover for collusion set aside(12.04.2016)

The Competition Appellate Tribunal read»



Assessee is duty bound to record stock of finished goods(06.12.2021)

In facts of present case, the officers have visited the factory of the appellant and carried out the physical stock taking wherein, they found the exc.....

Tags : Excess stock, Penalty, Legality

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Only on the basis of statement of third party, no demand could be made(06.01.2022)

The Appellant is engaged in the manufacture of M.S. Ingots, which are dutiable and is registered with the Department. The Appellant has been making re.....

Tags : Demand, Penalty, Legality

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Where the assessee is prevented by sufficient reasonable cause for obtaining a tax audit report, the penalty shall not be levied(03.11.2021)

The Appellant is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960. The Appellant society is enga.....

Tags : Penalty, Levy, Legality

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In absence of mutuality of interest and financial flow back from one firm to another, clubbing of clearances is not permissible(08.05.2018)

In facts of present case, Trueline Appliances Private Limited (TAPL) and 3D International (3D) were engaged in the activity of importing and trading o.....

Tags : Demand, Penalty, Validity

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The facts which are admitted need not be proved(08.05.2018)

The present appeal is against the order-in-appeal passed by the Commissioner of Customs (Appeals). The Respondent-Assessee imported certain goods and .....

Tags : Confiscation, Penalty, Validity

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Entire consignment cannot be seized/confiscated on unjustified assumptions and presumption and in absence of evidences(27.01.2022)

The issue involved in the Appeals is whether freely importable Waste Paper of CTH 47079000, imported by Appellants are liable to confiscation or other.....

Tags : Confiscation, Penalty, Validity

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Bonafide mistake on the part of the assessee would not attract levy of penalty where all the particulars of income are duly disclosed(17.01.2022)

Present appeal is preferred by the assessee against the order passed by the Learned Commissioner of Income Tax, ['CIT(A)'] for assessment year 2014-15.....

Tags : Penalty, Imposition, Legality

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Present Court is not supposed to substitute its decision over the decision of administrative authority(17.02.2022)

Present petition is filed for issue of a writ in the nature of mandamus and for direction/order, thereby quashing/setting-aside the impugned Memorandu.....

Tags : Penalty, Imposition, Legality

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Onus lies on Department to justify admissibility or inadmissibility of Appellant's availment and utilisation of cenvat credit(28.09.2018)

In present matter, the Appellant company is engaged in rendering event management service, advertising service, sponsorship and business consultation .....

Tags : Input credit, Demand, Penalty

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Once there is no suppression of facts, question of imposition of penalty does not arise(10.06.2022)

The Appellants in the present case are engaged in the manufacture of Sponge Iron, Ingot, Billet, Silico Manganese etc. They are also availing the Cenv.....

Tags : Demand, Penalty, Confirmation

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Penalty can only be levied in cases where concealment of income has been proven(15.03.2022)

Present appeal has been filed challenging the order passed by Delhi Bench of the ITAT ('Tribunal'). The Appellant states that, the charging of interes.....

Tags : Assessment, Penalty, Levy

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Benefit of extended period of limitation is not available to Revenue when there being no element of fraud, mis-statement or contumacious conduct(15.03.2022)

The brief facts are that the Appellants are registered with the Central Excise Department and engaged in the manufacture of galvanised towers and stru.....

Tags : Demand, Penalty, Legality

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Penalty cannot be imposed without mentioning the specific charge(28.02.2022)

The instant appeal filed by the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals) arising out of the penalty o.....

Tags : Penalty, Imposition, Legality

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Demand of reversal of cenvat credit cannot be upheld, as Rule 9(1)(bb) of the Cenvat Credit Rules is not applicable(07.03.2022)

Present appeal has been filed by Ineos Styrolution (India) Ltd. against demand of reversal of cenvat credit, interest and imposition of penalty under .....

Tags : Demand, Penalty, Imposition

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Mere reference to the word "misreporting" in the assessment order to deny immunity from imposition of penalty and prosecution makes impugned order arbitrary(28.03.2022)

Present writ petition has been filed challenging the impugned order passed by Respondent No. 1 under section 270AA(4) of the Income Tax Act, 1961 (IT .....

Tags : Immunity, Grant, Penalty

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No penalty can be imposed without proving the role of person being charged(03.08.2022)

The issue in present appeal is whether penalty of Rs. 10 lakhs has been correctly imposed on the Appellant under Section 112(b) of the Customs Act, 19.....

Tags : Penalty, Imposition, Legality

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When assessee is not rendering services as consulting engineer, he is not liable to pay the service tax(24.08.2022)

The Revenue has preferred the present appeals dissatisfied with the impugned common judgment and order passed by the Customs, Excise and Service Tax A.....

Tags : Demand, Penalty, Deletion

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Mere shortage cannot ipso facto lead to the allegation of clandestine removal(13.09.2022)

Present appeal has been filed challenging the Order-in-Appeal passed by the Commissioner (Appeals), by which the learned Commissioner dismissed the ap.....

Tags : Demand, Confirmation, Penalty

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Review in a criminal proceeding is permissible only on ground of error apparent on face of record(09.07.2018)

Present review petitions have been filed by two applicants Vinay Sharma-Accused No. 1 and Pawan Kumar Gupta-Accused No. 2 to review the judgment of pr.....

Tags : Review, death penalty, Maintainability

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Assessing Officer is bound to furnish reasons within a reasonable time(25.04.2022)

Present writ Petition has been filed challenging the notice issued by the Respondent under Section 148 of the Income Tax Act, 1961 and the assessment .....

Tags : Demand notice, Penalty, Legality

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Notice under Section 274 of the IT Act should specifically state the grounds on which penalty was sought to be imposed(13.05.2022)

The present appeals have been filed by the assessee against the orders of the learned CIT(A). The Assessing Officer made addition on account of agricu.....

Tags : Penalty, Levy, Legality

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Levy of penalty has to be clear as to the limb under which it is being levied(17.05.2022)

The Assessee has claimed expenses of Rs. 48,53,671 under the "business promotion expenses" which were disallowed by the Assessing Officer (AO) on the .....

Tags : Penalty, Levy, Legality

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Extended period of limitation could not be invoked as intention to evade duty cannot be alleged against Assessee(05.09.2022)

Present appeal has been filed by Nabros Pharma Pvt Ltd against confirmation of demand of service tax, interest and imposition of penalty. The Appellan.....

Tags : Demand, Penalty, Legality

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Fraud vitiates everything and forged DEPB licenses are void ab initio(23.09.2022)

The original assessee has preferred the present Civil Appeal against the impugned judgment passed by the High Court by which the High Court has confir.....

Tags : Demand, Duty, Penalty

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Findings recorded in the disciplinary enquiry without following principles of natural justice are perverse(30.09.2022)

By the present petition, the Petitioner challenges order, by which penalty of dismissal from service is imposed upon her. It is submitted that, the fi.....

Tags : Penalty, Termination, Legality

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Continuing link of Appellant with equipment and facilities is infrastructural support and covered by definition of 'Support Services of Business or Commerce'(15.03.2017)

Present appeal against Order-in-Original wherein demand of service tax of Rs. 1,02,21,578.00 along with interest and imposition of equivalent penalty .....

Tags : Demand, Levy, Penalty

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Any plant, machinery, equipment or accessories required for manufacture or production, either directly or indirectly, of goods would fall within the scope of capital goods(23.09.2022)

The Appellant purchased a "Complete Used Stainless Steel Tube Manufacturing Plant" including parts, spares, accessories, tools & tackles and office re.....

Tags : Confiscation, Penalty, Legality

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When personal business interests of importers clash with public interest, the former has to give way to the latter(17.06.2021)

In present set of appeals, the Union of India and the authorities related with customs have questioned the orders dated 15th October, 2020 and 5th Jan.....

Tags : Import, Absolute confiscation, Penalty

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Mere rejection of the explanation does not entail levy of penalty under Section 271(1)(c) of the IT Act(01.06.2021)

The Appellant is an individual engaged in the business of builders and land promoters. Present is an appeal filed by the assessee directed against the.....

Tags : Assessment, Penalty, Validity

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Penalty can be imposed for use of false and incorrect material, Authorities have to prove that person concerned has deceived exchequer for his wrongful gain(04.12.2017)

The Appellant imported Speed Post Parcel at Foreign Post Office. Goods were containing declaration of "Artificial Gift Item". Customs Officers after .....

Tags : Goods, Confiscation, Penalty

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Allegations of clandestine manufacture and removal are required to be proved by production of sufficient evidence(18.01.2018)

All the present appeals have been filed against the Order-in-Original. Four appeals have been filed by the assessee as well as related parties, challe.....

Tags : Penalty, Imposition, Validity

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When statute specifically provides for a code of conduct and penalty for infringement thereof, it is not proper to bring such violation within the realm or scope of another statutory provision(21.03.2018)

Instant appeals are against common impugned order, involving the issue of imposition of penalties for illegal export of Red Sanders, instead of the de.....

Tags : Penalty, Imposition, Validity

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Mere act of removing employee after an incident does not extinguish vicarious liability on employer(15.11.2021)

The Appellant, a licensed Customs Broker, is aggrieved by the Order-in-Original passed by the Commissioner of Customs, holding that, the Appellant had.....

Tags : Regulation, Contravention, Penalty

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Where the charge is not properly set out in the notice under Section 274 of IT Act, the penalty order gets vitiated(10.01.2022)

The assessee was subjected to Survey action under Section 133A of the Income-tax Act, 1961 (IT Act), wherein a sum of Rs. 10,86,800 was offered as add.....

Tags : Penalty, Imposition, Validity

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Where addition has been made on estimation basis, no penalty under Section 271(1)(c) of IT Act could be made qua such addition(16.02.2022)

Present appeal is filed by the assessee against order passed by the Learned Commissioner of Income-tax (Appeals) relating to the assessment year 2010-.....

Tags : Penalty, Confirmation, Legality

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An assessee should be given sufficient opportunity to explain their case particularly for invocation of penal provision(24.06.2022)

The Appellant have defaulted the regular payment of duty thereafter the department frozen the bank account of the Appellant and recovered the non paid.....

Tags : Penalty, Levy, Validity

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Max Life Insurance fined for ‘casual approach’ to insurance regulations(28.06.2016)

The Insurance Regulatory and Development Authority of India imposed a penalty of Rs. 10 lakhs on Max Life Insurance Company, citing operational defici.....

Tags : irda, max life, penalty, agents

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Mere mentioning of product in the tariff is not sufficient to attract excise levy(18.10.2016)

Appellant is engaged in the manufacture of dry battery cell liable to central excise duty. They were availing Cenvat Credit of duty paid on inputs and.....

Tags : Demand, Penalty, Confirmation

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Where there is failure on the part of the AO to specify the limb of Section 271(1)(c) of IT Act under which the penalty is imposed, penalty order cannot be sustained(23.08.2022)

Present appeal has been preferred by the Assessee against the order of First Appellate Authority arising out of an appeal before it against the penalt.....

Tags : Penalty, Imposition, Legality

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Mere disallowance of a claim will not amount to furnishing of inaccurate particulars of income(20.07.2022)

The Appellant company is engaged in the real estate development business. During the assessment proceedings under Section 143(3) of Income Tax Act, 19.....

Tags : Penalty, Deletion, Legality

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Unless the charges upon the assessee are specific, penalty under Section 271(1)(c) of IT Act is not leviable(18.10.2022)

Present appeal by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals), pertaining to Assessment Year 2015-1.....

Tags : Penalty, Imposition, Legality

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When assessee has wilfully and deliberately concealed income by not filing the Return of Income, assessee is liable for penalty(07.09.2022)

The present appeal has been filed by the Revenue against the order passed by the Commissioner of Income Tax (Appeals), Ahmedabad quashing the penalty .....

Tags : Penalty, Deletion, Legality

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