Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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Writ jurisdiction may extend to a private bank when it acts as an Authorised Dealer under the FEMA-RBI framework and its refusal to process foreign exchange transactions is challenged as arbitrary. The article notes that contractual banking dealings do not exclude judicial review where a public law element exists, and that a clean-hands objection based on alleged suppression will not automatically bar a petition if the disputed facts are part of the main controversy. It also explains that the bank could require enhanced due diligence and refuse processing when later material raised sanctions-related concerns, with the writ court declining to reappreciate disputed commercial facts and no interference being made under Article 226.
Writ jurisdiction may extend to a private bank when it acts as an Authorised Dealer under the FEMA-RBI framework and its refusal to process foreign exchange transactions is challenged as arbitrary. The article notes that contractual banking dealings do not exclude judicial review where a public law element exists, and that a clean-hands objection based on alleged suppression will not automatically bar a petition if the disputed facts are part of the main controversy. It also explains that the bank could require enhanced due diligence and refuse processing when later material raised sanctions-related concerns, with the writ court declining to reappreciate disputed commercial facts and no interference being made under Article 226.
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