Section 3(12) in The Companies (Adjudication of Penalties) Rules, 2014
(12)While adjudging quantum of penalty, the adjudicating officer shall have due regard to the following factors, namely: -(a)size of the company;(b)nature of business carried on by the company;(c)injury to public interest;(d)nature of the default;(e)repetition of the default;(f)the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; and(g)the amount of loss caused to an investor or group of investors or creditors as a result of the default:Provided that, in no case, the penalty imposed shall be less than the minimum penalty prescribed, if any, under the relevant section of the Act.
