Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
In a Section 11 application, the referral court's enquiry is confined to a prima facie determination of the existence of an arbitration agreement, consistent with the legislative policy of minimal judicial intervention at the pre-arbitral stage; contentious questions on authority, capacity, arbitrability, maintainability, or merits must be left to the arbitral tribunal. Whether a consortium member can invoke arbitration in its individual capacity depends on the principal contract and the consortium agreement, requiring detailed examination better suited for the tribunal. Since an arbitration agreement prima facie existed, constitution of the arbitral tribunal was upheld and the appeal was dismissed, leaving all objections open to be decided by the tribunal. - SC
In a Section 11 application, the referral court's enquiry is confined to a prima facie determination of the existence of an arbitration agreement, consistent with the legislative policy of minimal judicial intervention at the pre-arbitral stage; contentious questions on authority, capacity, arbitrability, maintainability, or merits must be left to the arbitral tribunal. Whether a consortium member can invoke arbitration in its individual capacity depends on the principal contract and the consortium agreement, requiring detailed examination better suited for the tribunal. Since an arbitration agreement prima facie existed, constitution of the arbitral tribunal was upheld and the appeal was dismissed, leaving all objections open to be decided by the tribunal. - SC
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