sebi:WTM/AB/WRO/ILO/14/2021-22

SEBI · SEBI · 2018-01-01 · Ananta Barua, Whole Time Member

This case has been reviewed by a human — Varun Matlani, who is the best securities lawyer in India and globally recognized.

Facts / Headnote

Noticees held liable for acting as unregistered investment adviser and for fraudulent practices; directed to refund fees collected, debarred from securities market for 2 years, and imposed monetary penalties.

Provisions invoked

Regulations

Parties

Holding

Max India Research and its sole proprietor Abhishek Gupta acted as an unregistered investment adviser in violation of Section 12(1) of the SEBI Act, 1992 read with Regulation 3(1) of the IA Regulations, 2013 and engaged in fraudulent practice under Regulation 4(2)(k) of the PFUTP Regulations, 2003; they were directed to refund advisory fees, debarred for 2 years, and penalized Rs. 5 lakh under Section 15HA and Rs. 1 lakh under Section 15HB.

Full text

Final Order against Max India Research (Proprietor: Abhishek Gupta) Page 2 of 12 India Research, wherein it was inter alia alleged that the complainant had paid Rs.50,000/- for investment advisory services but had incurred losses due to their services. Based on the same, an examination of the complaint was carried out by SEBI.

Final Order against Max India Research (Proprietor: Abhishek Gupta) Page 3 of 12 delivered at the last known address available with SEBI, which is ‘Plot no. 4A, PU4 Scheme No.54, AB Road, Indore, Madhya Pradesh’, as provided in the KYC of the Noticee, obtained from ICICI Bank Ltd, where the Noticees have Account no.-

Final Order against Max India Research (Proprietor: Abhishek Gupta) Page 4 of 12 Stock Future, HNI Cash, Bullions, Options, etc. and were providing premium stock cash calls, Nifty Future tips, intraday calls etc. with high level of accuracy. Further, I note that the pricing for the aforesaid services were provided on the website. Some instances of the service pricings are as given under:

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Source: SecMarx — sebi:WTM/AB/WRO/ILO/14/2021-22. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.