Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Companies Law Companies Law + AT Companies Law - 2011 (6) TMI AT This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2011 (6) TMI 942 - AT - Companies Law

Issues involved: Alleged violation of stockbroker regulations and FUTP regulations leading to suspension of certificate of registration.

Summary:
The appellant, a private limited company registered as a stockbroker with the Securities and Exchange Board of India, appealed against the suspension of its certificate of registration for three weeks due to alleged violations of stockbroker regulations and FUTP regulations. The charges included aiding and abetting a client in influencing the price of a scrip and executing fictitious trades. The appellant was found guilty based on an enquiry report and the whole time member suspended the certificate of registration for three weeks. The appeal was made against this decision.

Upon hearing arguments from both parties, it was established that the appellant executed three fictitious trades on behalf of a client, where the buyer and seller were the same entity. The appellant contended that the trades were legitimate and part of normal trading activities. However, it was clarified that the trading system matches buy and sell orders based on price time priority and demand and supply principles. The appellant's actions were deemed to be artificial and manipulative, leading to a suspension of the certificate of registration.

The Tribunal upheld the suspension but reduced the period to ten days, considering that only three out of 53 trades executed by the appellant were found to be in violation. The appeal was disposed of with no costs awarded.

 

 

 

 

Quick Updates:Latest Updates