Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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The Tribunal considered whether a security deposit taken under an interim order could continue to be retained under the Insolvency and Bankruptcy Code where the underlying contractual dispute was to be addressed through arbitration. It held that retention of the deposit after the miscellaneous application had been finally decided required an independent assessment under the Arbitration Act, and that directing continued retention under the IBC before arbitration commenced would be arbitrary. By consent, the impugned direction was modified so the amount would remain only as security until either party initiates arbitration, after which further custody of the amount would be governed by the arbitrator's orders on appropriate interlocutory applications.
The Tribunal considered whether a security deposit taken under an interim order could continue to be retained under the Insolvency and Bankruptcy Code where the underlying contractual dispute was to be addressed through arbitration. It held that retention of the deposit after the miscellaneous application had been finally decided required an independent assessment under the Arbitration Act, and that directing continued retention under the IBC before arbitration commenced would be arbitrary. By consent, the impugned direction was modified so the amount would remain only as security until either party initiates arbitration, after which further custody of the amount would be governed by the arbitrator's orders on appropriate interlocutory applications.
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