Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
SC held that Section 11 of SARFAESI Act mandates statutory arbitration for disputes between banks, financial institutions, or asset reconstruction companies relating to securitization, reconstruction, or non-payment of dues. The provision creates a legal fiction presuming an arbitration agreement exists without requiring explicit written consent. The court affirmed that the dispute resolution mechanism under Section 11 is mandatory and cannot be circumvented by alternative guidelines. Consequently, the appeal was dismissed, directing the parties to resolve their dispute through arbitration as prescribed under the SARFAESI Act.
SC held that Section 11 of SARFAESI Act mandates statutory arbitration for disputes between banks, financial institutions, or asset reconstruction companies relating to securitization, reconstruction, or non-payment of dues. The provision creates a legal fiction presuming an arbitration agreement exists without requiring explicit written consent. The court affirmed that the dispute resolution mechanism under Section 11 is mandatory and cannot be circumvented by alternative guidelines. Consequently, the appeal was dismissed, directing the parties to resolve their dispute through arbitration as prescribed under the SARFAESI Act.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
