Factors prescribed under the SEBI Act for calculation of quantum of penalty are mandatory but not exhaustive.

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DID YOU KNOW that the SEBI Act prescribes factors that must be considered while deciding the quantum of penalty for contravention of a provision of SEBI Act? These factors include the amount of disproportionate gain/unfair advantage; the amount of loss caused to investor(s); the repetitive nature of the default. These factors are not exhaustive and other factors beyond these can also be looked at to reduce the quantum of penalty.

DID YOU ALSO KNOW that our office is representing an individual before the Supreme Court, where we are claiming reduction in amount of penalty on the ground that the said factors were not considered in computing the penalty imposed by SEBI?

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