Annual Digest of Arbitration Cases : 2023 (Part -II)

Supreme Court Will The Mandate Of The Tribunal Terminate Under Section 29A Unless Extended During Its Subsistence? Supreme Court To Examine The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence. The bench of Justices Sanjiv Khanna and S.V.N. Bhatti has issued notice in an SLP filed against the order of the...

Annual Digest of Arbitration Cases 2023- Supreme Court And High Courts (Part-1)

Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 Curative Pet(C) No. 44/2023 In R.P.(C) No. 704/2021 In C.A. No. 1599/2020 Citation: 2023 LiveLaw (SC) 1049 A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in...

2023 Annual Digest Of Indirect Tax Cases: Supreme Court And High Courts

Supreme CourtState Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court Case Title: The State of Telangana & Ors. V. M/S Tirumala Constructions., Civil Appeal No(S). 1628 Of 2023 Citation : 2023 LiveLaw (SC) 927 A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court with respect to the validity of VAT Amendment Act in their respective states, made several significant...

2023 Annual Digest Of Direct Tax Cases: Supreme Court And High Courts

Supreme Court U.P. Trade Tax Act | 'Tinted Glass' To Be Taxed As “Goods Or Wares Made Of Glass”, As it is Different from 'Plain Glass': Supreme Court Case Title: M/S Triveni Glass Limited v COMMISSIONER OF TRADE TAX, U.P. Case No.: 2023 LiveLaw (SC) 896 The Supreme Court has held that 'Tinted Glass Sheet' is different from 'Plain Glass sheet' and is thus liable to be taxed as “goods or wares made of glass” under Entry 4 of Notification No.5784 dated 07.09.1981, issued by...

Supreme Court Annual Digest 2023 On Arbitration

12 months' time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 : 2023 INSC 13 : (2023) 5 SCC 4212015 Arbitration Amendment not applicable though S.11 application was filed after it, if arbitration notice was issued pre-amendment. Shree Vishnu Constructions v. Engineer in Chief Military Engineering Service, 2023 LiveLaw (SC) 417 : 2023 INSC 508: AIR 2023 SC 3554 : (2023)...

Supreme Court Annual Digest 2022- Prevention of Money Laundering Act (PMLA), 2002

Prevention of Money Laundering Act 2002 - Money laundering is an independent offence. (Para 7) Dr. Manik Bhattacharya v. Ramesh Malik, 2022 LiveLaw (SC) 867 Prevention of Money Laundering Act 2002 - Protective order passed against one investigating agency cannot operate against another investigating agency even if there are factual similarities in allegations- Interim protection granted against coercive action by the CBI cannot operate against ED. Dr. Manik Bhattacharya v. Ramesh ...

Prevention Of Money Laundering Act (PMLA): Digest Of High Court Cases-2022

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here is a Digest on decisions relating to Prevention of Money Laundering Act, 2002:1. Prevention Of Money Laundering Act | "For Money-Launderers Jail Is The Rule And Bail Is An Exception": Allahabad High CourtCase title - Anirudh Kamal Shukla v. Union Of India Thru. Assistant Dir. Directorate Of Enforcement LkoCase Citation: 2022 LiveLaw (AB) 136While rejecting the anticipatory bail...

All India Annual Digest of Tax Cases 2022-Supreme Court, High Courts And Tribunals

Indirect Tax Supreme Court Small Tax Effect: Monetary Limit To Prefer An Appeal Before The Supreme Court Is Rs. 2 crores: Supreme Court Case Title: CIT Versus Swapnil Finance Pvt. Ltd. The Supreme Court disposed of the appeal on the ground of low tax effects. The division bench of Justice M.R. Shah and Justice Sudhanshu Dhulia observed that the monetary limit to file an appeal before the Supreme Court is Rs. 2 crores. Concessional Rate Of Sales Tax Not Applicable On Oxygen As...

100 Important High Court Judgments of GST in 2022

Allahabad High Court: Allahabad High Court Stays GST Demand On Payment Of Royalty To Conduct Mining Activity Case Title: M/s Jitendra Singh versus Union of India The Allahabad High Court bench of Justice Saumitra Dayal Singh has stayed the GST demand on payment of royalty to conduct mining activity. GST Dept. Made Attachment Without Recording Opinion And Referring To Any Tangible Material: Allahabad High Court Imposes CostCase Title: Varun Gupta versus Union Of IndiaThe...

All India Annual Digest Of IBC Cases-2022- Supreme Court, High Courts And Tribunals

SUPREME COURTSupreme Court Declares Noida As An Operational Creditor Under The Insolvency And Bankruptcy Code, 2016Case title: New Okhla Industrial Development Authority v Anand SonbhadraCase No.: Civil Appeal No. 2222 of 2021The Supreme Court Bench comprising of Justice KM Joseph and Justice Hrishikesh Roy has upheld the NCLAT judgment wherein it was held that the NOIDA is an Operational Creditor under IBC and not a Financial Creditor. The order was passed on 17.05.2022.The...

20 Important Supreme Court Judgments on Income Tax with Parallel Citations

Section 45(4) of Income Tax Act applicable to cases of subsisting partners of a partnership transferring the assets in favour of a retiring partner. Commissioner of Income Tax v. Mansukh Dyeing and Printing Mills, 2022 LiveLaw (SC) 991Section 260A IT Act - Appeal only lies before high court within whose jurisdiction the assessing officer is situated. Commissioner of Income Tax - I v. Balak Capital Pvt. Ltd; 2022 LiveLaw (SC) 982Sec.194H Income Tax Act attracted for 'supplementary commission'...

All India Annual Digest Of Arbitration Cases-2022- Supreme Court And High Courts

Supreme Court:Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme CourtCase Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen ArnoldCitation: 2022 LiveLaw (SC) 914The Supreme Court reiterated that while considering application under Section 11(6) of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability should be left to the arbitrator, unless on the face it is found that the dispute is not...