Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examinat...
FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
Post-award interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are available to any party to an arbitration agreement, including an unsuccessful arbitral party with no award in its favour. The provision's plain language does not confine relief to award-holders, while Sections 34 and 36 separately address challenges to and stays of awards. An unsuccessful party must satisfy the usual tests of prima facie case, balance of convenience and irreparable injury under a higher threshold. Relief should therefore be granted only carefully, cautiously and in rare, compelling circumstances to prevent irreparable prejudice and preserve challenge proceedings.
Post-award interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 are available to any party to an arbitration agreement, including an unsuccessful arbitral party with no award in its favour. The provision's plain language does not confine relief to award-holders, while Sections 34 and 36 separately address challenges to and stays of awards. An unsuccessful party must satisfy the usual tests of prima facie case, balance of convenience and irreparable injury under a higher threshold. Relief should therefore be granted only carefully, cautiously and in rare, compelling circumstances to prevent irreparable prejudice and preserve challenge proceedings.
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