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2017 (8) TMI 540 - SC - Companies LawPenalty imposed by SAT - Held that:- In the appeal(s) filed by the aggrieved person(s) against the order(s) of the Adjudicating Officer, the learned Appellate Tribunal was expected to record its own independent findings and arrive at its own conclusions for holding the respondent liable for the penalty imposed. It seems that the learned Appellate Tribunal has proceeded on the basis that the case of the respondent is same and similar to the case of Kanaiyalal Baldev Patel and Dipak Patel which, evidently, is not. In the aforesaid circumstances, we set aside the order of the learned Appellate Tribunal dated 9th November, 2012 qua the respondent and remand the matter to the learned Appellate Tribunal for a de novo consideration. All contentions of both the sides are left open to be urged before the learned Appellate Tribunal.
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