Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
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