“But such penalty should not be more than the overall cap of 10% of the entity’s relevant turnover. Such interpretation of Section 27 (b) of the Act, wherein the discretion of the commission is guided by 94 principles established by law would sub-serve the intention of the enactment, ” the judge said.
Justice NV Ramana also described a two-step calculation which is to be followed while imposing the penalty under Section 27 of the Act. The first is about determination of the relevant turnover and the second is of determination of appropriate percentage of penalty based on aggravating and mitigating circumstances.
News Source- Live Law