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  • Section 49 – General Provisions Relating to Penalty: Compliance Checklist
  • Shweta Verma
  • img September 18, 2026

Section 49 – General Provisions Relating to Penalty: Compliance Checklist

Section 49 – General Provisions Relating to Penalty: Compliance Checklist

Sr. No.

Compliance Checkpoint

What to Check

1

Assess gain or unfair advantage

Determine the amount of gain or unfair advantage obtained due to the contravention, wherever quantifiable.

2

Assess loss caused or likely to be caused

Evaluate the actual or potential loss caused to any person as a result of the contravention.

3

Check repetitive nature

Verify whether the contravention is a first-time occurrence or has been repeated.

4

Consider knowledge of contravention

Assess whether the contravention occurred without the knowledge of the person/entity concerned.

5

Consider other relevant factors

Identify and document any other circumstances or factors relevant for determining the quantum of penalty.

6

Maintain supporting records

Keep records/evidence supporting the assessment of gain, loss, repetition, lack of knowledge and other relevant factors for penalty proceedings.

Author Bio
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Shweta Verma

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Designation: CS
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