Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
SC held that contractual clauses excluding disputes from arbitration must be construed narrowly and consistently with the rule of law. Where liability itself is disputed, one party cannot finally decide its own alleged breach or negligence and then bar both court and arbitral review. Clause 3.20 was read as permitting finality only on quantification where liability is admitted; it did not exclude arbitration of a contested liability dispute. The arbitral tribunal therefore had jurisdiction, the award did not relate to an excepted matter, and the High Court erred in treating the dispute as non-arbitrable. The appeals were allowed and the award restored.
SC held that contractual clauses excluding disputes from arbitration must be construed narrowly and consistently with the rule of law. Where liability itself is disputed, one party cannot finally decide its own alleged breach or negligence and then bar both court and arbitral review. Clause 3.20 was read as permitting finality only on quantification where liability is admitted; it did not exclude arbitration of a contested liability dispute. The arbitral tribunal therefore had jurisdiction, the award did not relate to an excepted matter, and the High Court erred in treating the dispute as non-arbitrable. The appeals were allowed and the award restored.
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