Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Challenge concerned termination and substitution of an arbitrator and whether hearings held during the IBC moratorium were void. The Court held that judicial intervention under the arbitration law is limited and that a substitute arbitrator should continue proceedings from the existing stage rather than require a de novo restart. Consequently, the High Court's declaration that seven hearing dates during the moratorium were a nullity was set aside. To protect reliance interests and avoid inequity, transactions affecting third-party rights (home buyers) were declared valid, preserving continuity of arbitral proceedings and upholding the self-contained arbitration regime.
Challenge concerned termination and substitution of an arbitrator and whether hearings held during the IBC moratorium were void. The Court held that judicial intervention under the arbitration law is limited and that a substitute arbitrator should continue proceedings from the existing stage rather than require a de novo restart. Consequently, the High Court's declaration that seven hearing dates during the moratorium were a nullity was set aside. To protect reliance interests and avoid inequity, transactions affecting third-party rights (home buyers) were declared valid, preserving continuity of arbitral proceedings and upholding the self-contained arbitration regime.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
