Specialized Investment Fund distribution now requires dedicated certification, while transitional recognition preserves existing qualified distributor...
Overlapping GST proceedings require Central and State authorities to designate one competent authority for coordinated adjudication of the same matter...
Composite healthcare supplies retain exemption when patient care is the contract's essential character, despite payment through an implementing agency...
The HC upheld the tribunal's rejection of limitation, holding that the cause of action arose when the additional cost crossed the contractual threshold and the claim was thereafter pursued through the contractual mechanism and arbitration. However, it set aside the award for patent illegality and want of reasons because the claimant produced no evidence of actual tax payment at the enhanced rates, no proof of the contractual annual deduction, and a claim statement could not itself prove the claim. The tribunal also failed to consider the material defence that service tax was not leviable under the relied-upon notifications, rendering the award unreasoned and unsustainable.
The HC upheld the tribunal's rejection of limitation, holding that the cause of action arose when the additional cost crossed the contractual threshold and the claim was thereafter pursued through the contractual mechanism and arbitration. However, it set aside the award for patent illegality and want of reasons because the claimant produced no evidence of actual tax payment at the enhanced rates, no proof of the contractual annual deduction, and a claim statement could not itself prove the claim. The tribunal also failed to consider the material defence that service tax was not leviable under the relied-upon notifications, rendering the award unreasoned and unsustainable.
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