Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
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...
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SC upheld the dismissal of the appellants' S.37 appeal, affirming the S.34 order and the arbitral award granting interest, including post-award interest, at 24% p.a. SC reiterated that under S.31(7)(a) the arbitral tribunal may award pre-award interest subject to contractual terms, while under S.31(7)(b) post-award interest is mandatory, with only the rate being discretionary; absent a specified rate, the statutory rate applies. The contractual rate of 24% p.a. was held not to offend public policy under S.34(2)(b), as exorbitance of interest alone does not constitute violation of the fundamental policy of Indian law unless it is shockingly perverse. The challenge based on the Usurious Loans Act, 1918 and related legislation was rejected. The appeal was dismissed.
SC upheld the dismissal of the appellants' S.37 appeal, affirming the S.34 order and the arbitral award granting interest, including post-award interest, at 24% p.a. SC reiterated that under S.31(7)(a) the arbitral tribunal may award pre-award interest subject to contractual terms, while under S.31(7)(b) post-award interest is mandatory, with only the rate being discretionary; absent a specified rate, the statutory rate applies. The contractual rate of 24% p.a. was held not to offend public policy under S.34(2)(b), as exorbitance of interest alone does not constitute violation of the fundamental policy of Indian law unless it is shockingly perverse. The challenge based on the Usurious Loans Act, 1918 and related legislation was rejected. The appeal was dismissed.
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