Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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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