SAT Sets Aside SEBI Order To Impose Penalty On Bhushan Steel For Disclosure Lapses
After completing the corporate insolvency resolution process, Bhushan Steel was taken over by Tata Steel Ltd. in 2018.
The Securities Appellate Tribunal has set aside a SEBI order to impose a Rs 2 lakh penalty on Bhushan Steel Ltd., now known as Tata Steel BSL Ltd., for disclosure lapses.
Bankruptcy proceedings were initiated against the debt-laden Bhushan Steel in July 2017. After completing the corporate insolvency resolution process, Bhushan Steel was taken over by Tata Steel Ltd. in 2018.
"The impugned order dated Feb. 14, 2022, cannot be sustained and is quashed. However, it would be open to the respondent SEBI to issue a show cause notice for the alleged violation against the entity," SAT said in an order passed on Dec. 20.
The ruling comes after an appeal was filed against the SEBI order, levying a Rs 2 lakh fine on Bhushan Steel for not making the requisite disclosure under Listing Obligations and Disclosure Requirements rules.
It noted that the appellant was found guilty of non-disclosure of the number of investor complaints filed with the stock exchanges on a quarterly basis—March 2016, September 2018 and December 2018.
Under the rules, a listed entity shall file with the recognised stock exchanges on a quarterly basis, within 21 days from the end of each quarter, a statement giving the number of investor complaints pending at the beginning of the quarter, those received during the quarter, disposed of during the quarter and those remaining unresolved at the end of the quarter.
However, SAT in its order noted that "the company had gone into July 2017 under the Insolvency Bankruptcy Code and in view of the decision of this tribunal, no penalty can be levied on the new management which came into the picture on May 18, 2018.
"The violation, if any, committed for the quarter ended March 2016, was of the previous management which cannot be imposed upon the new management."
It further noted that the non-disclosure for the quarter ended September 2018 and December 2018 is concerned, no charge has been levied against the appellant in the show cause notice and consequently, no penalty can be imposed for this violation, the tribunal said.