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...
Interference with a domestic arbitral award under s.37, after affirmance under s.34, was limited to the statutorily prescribed grounds, including "patent illegality" under s.34(2A), which excludes mere erroneous application of law or reappreciation of evidence. "Patent illegality" requires perversity such as findings based on no relevant evidence, ignoring vital evidence, considering extraneous matters, or an irrational conclusion that shocks judicial conscience, and must be applied cautiously. Since the award was supported by some evidence and plausible reasoning, and the arbitrator's approach was a possible view, the appellate court impermissibly reassessed evidence and applied an unduly strict standard of proof; the appeal was allowed and the interference set aside - SC
Interference with a domestic arbitral award under s.37, after affirmance under s.34, was limited to the statutorily prescribed grounds, including "patent illegality" under s.34(2A), which excludes mere erroneous application of law or reappreciation of evidence. "Patent illegality" requires perversity such as findings based on no relevant evidence, ignoring vital evidence, considering extraneous matters, or an irrational conclusion that shocks judicial conscience, and must be applied cautiously. Since the award was supported by some evidence and plausible reasoning, and the arbitrator's approach was a possible view, the appellate court impermissibly reassessed evidence and applied an unduly strict standard of proof; the appeal was allowed and the interference set aside - SC
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