India Imposes Definitive Anti-Dumping Duty on Rubber Imports from China, Russia, Saudi, Singapore, and US to Protect Domestic Industry.
This notification seeks to impose a definitive anti-dumping duty on imports of "Isobutylene-Isoprene Rubber ('IIR')" originating from or exported from China, Russia, Saudi Arabia, Singapore, and the United States of America into India for five years. The duty rates vary based on the country of origin, country of export, and producer, ranging from $325 to $1,152 per metric ton. The duty aims to remove injury caused to the domestic industry due to dumped imports. The notification outlines the specific duty rates applicable to different scenarios involving the countries and producers mentioned. It also clarifies the currency conversion mechanism and the relevant date for determining the exchange rate.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81830
#Trade #AntiDumping #Imports #Rubber #DutyImposed - Customs
This notification seeks to impose a definitive anti-dumping duty on imports of "Isobutylene-Isoprene Rubber ('IIR')" originating from or exported from China, Russia, Saudi Arabia, Singapore, and the United States of America into India for five years. The duty rates vary based on the country of origin, country of export, and producer, ranging from $325 to $1,152 per metric ton. The duty aims to remove injury caused to the domestic industry due to dumped imports. The notification outlines the specific duty rates applicable to different scenarios involving the countries and producers mentioned. It also clarifies the currency conversion mechanism and the relevant date for determining the exchange rate.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81830
#Trade #AntiDumping #Imports #Rubber #DutyImposed - Customs
Solar panel frames imports from China hit with anti-dumping duty of $403-$577/MT.
This notification imposes anti-dumping duty on imports of "Anodized Aluminium Frames for Solar Panels/Modules" originating in or exported from China PR. The designated authority concluded that the subject goods were exported to India at dumped prices, causing material retardation to the establishment of the domestic industry. Consequently, an anti-dumping duty ranging from $403 to $577 per MT is imposed on imports from specified Chinese producers/exporters and any other non-specified entities. The duty is applicable for five years from the notification date and payable in Indian currency based on the exchange rate specified by the Ministry of Finance.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81831
#TradeDispute #Protectionism #RenewableEnergy #SolarPower #MakeInIndia - Customs
This notification imposes anti-dumping duty on imports of "Anodized Aluminium Frames for Solar Panels/Modules" originating in or exported from China PR. The designated authority concluded that the subject goods were exported to India at dumped prices, causing material retardation to the establishment of the domestic industry. Consequently, an anti-dumping duty ranging from $403 to $577 per MT is imposed on imports from specified Chinese producers/exporters and any other non-specified entities. The duty is applicable for five years from the notification date and payable in Indian currency based on the exchange rate specified by the Ministry of Finance.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81831
#TradeDispute #Protectionism #RenewableEnergy #SolarPower #MakeInIndia - Customs
Rice export duty hike: 10% on paddy, brown & parboiled rice; exempts milled rice except Basmati.
This notification amends the export duty rates on certain varieties of rice under the Customs Act, 1962. It introduces a 10% export duty on rice in husk (paddy or rough), husked (brown) rice, and parboiled rice. However, it exempts semi-milled or wholly-milled rice (other than parboiled and Basmati rice) from export duty. The changes are effective immediately.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81832
#IndiaRicePolicy #ExportDuty #FoodSecurity #AgriculturalReforms #TradeRegulations - Customs
This notification amends the export duty rates on certain varieties of rice under the Customs Act, 1962. It introduces a 10% export duty on rice in husk (paddy or rough), husked (brown) rice, and parboiled rice. However, it exempts semi-milled or wholly-milled rice (other than parboiled and Basmati rice) from export duty. The changes are effective immediately.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81832
#IndiaRicePolicy #ExportDuty #FoodSecurity #AgriculturalReforms #TradeRegulations - Customs
Finance Act provisions enforced; tax & duty changes effective Nov 1, 2024.
This notification brings into force various provisions of the Finance (No. 2) Act, 2024. On the date of publication, sections 118, 142, 148, and 150 come into effect. Sections 114 to 117, 119 to 141, 143 to 147, 149, and 151 to 157 come into force on November 1, 2024. The notification is issued by the Central Board of Indirect Taxes and Customs under the Ministry of Finance, exercising powers conferred by the Finance Act.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81833
#TaxReforms #FiscalPolicy #LegalNotice #ComplianceDeadline #EconomicUpdates - GST
This notification brings into force various provisions of the Finance (No. 2) Act, 2024. On the date of publication, sections 118, 142, 148, and 150 come into effect. Sections 114 to 117, 119 to 141, 143 to 147, 149, and 151 to 157 come into force on November 1, 2024. The notification is issued by the Central Board of Indirect Taxes and Customs under the Ministry of Finance, exercising powers conferred by the Finance Act.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81833
#TaxReforms #FiscalPolicy #LegalNotice #ComplianceDeadline #EconomicUpdates - GST
GST ON RREP ON ONGOING PROJECT 01-04-2019 IF DECLARATION IN FORM IV NOT SUBMITTED
AS PER Notification No. 03/2019-Central Tax (Rate) one declaration needs to be submitted before 10-05-2019. What will be the consequence if the declaration not submitted and tax @12% was paid earlier with input credit. If rate changed by virtue of this ammendment to 5% then excess amount paid earlier can be claimed as refund or not? - Reply By KASTURI SETHI - The Reply = (i) If the declaration in Annexure-IV was not filed within prescribed time limit i.e. before 20.10.19 (extended) ), it would ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119322 - GST
AS PER Notification No. 03/2019-Central Tax (Rate) one declaration needs to be submitted before 10-05-2019. What will be the consequence if the declaration not submitted and tax @12% was paid earlier with input credit. If rate changed by virtue of this ammendment to 5% then excess amount paid earlier can be claimed as refund or not? - Reply By KASTURI SETHI - The Reply = (i) If the declaration in Annexure-IV was not filed within prescribed time limit i.e. before 20.10.19 (extended) ), it would ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119322 - GST
Taxmanagementindia
GST ON RREP ON ONGOING PROJECT 01-04-2019 IF DECLARATION IN FORM IV NOT SUBMITTED, Goods and Services Tax - GST
Discussion Forum An issue, query raised by the member of TMI for reply, post by the experts on TaxTMI on GST ON RREP ON ONGOING PROJECT 01-04-2019 IF DECLARATION IN FORM IV NOT SUBMITTED, Goods and Services Tax -
DPIIT working on Jan Vishwas 2.0 to further give a boost to Make in India
- - - Dated:- 30-9-2024 - The Department for Promotion of Industry and Internal Trade (DPIIT) is working on about 100 rules and laws of various departments of government to bring Jan Vishwas 2.0 bill to achieve a greater ease of doing business environment in the country. The work is being done as the priority area under the first 100-day thrust of the present government. To support the Make in India initiative, the Government of India has enacted the Jan Vishwas (Amendment of Provisions) Act, 2... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27946
- - - Dated:- 30-9-2024 - The Department for Promotion of Industry and Internal Trade (DPIIT) is working on about 100 rules and laws of various departments of government to bring Jan Vishwas 2.0 bill to achieve a greater ease of doing business environment in the country. The work is being done as the priority area under the first 100-day thrust of the present government. To support the Make in India initiative, the Government of India has enacted the Jan Vishwas (Amendment of Provisions) Act, 2... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27946
PMs guidance in developing Uttar Pradesh to help it reach US$ 1 trillion economy: Shri Goyal
- - - Dated:- 30-9-2024 - Double engine government of Centre, Uttar Pradesh to propel India to a US$ 35 trillion economy by 2047: Union Minister Shri Piyush Goyal Uttar Pradesh led by Shri Adityanath s industrial policies has become a holistic model of development: Shri Goyal Implementation of 4Ds: Decisive leadership, Demand, Demographic Dividend, Democracy made Uttar Pradesh investment friendly: Shri Goyal Union Minister of Commerce Industry, Shri Piyush Goyal during his valedictory speech at... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27947
- - - Dated:- 30-9-2024 - Double engine government of Centre, Uttar Pradesh to propel India to a US$ 35 trillion economy by 2047: Union Minister Shri Piyush Goyal Uttar Pradesh led by Shri Adityanath s industrial policies has become a holistic model of development: Shri Goyal Implementation of 4Ds: Decisive leadership, Demand, Demographic Dividend, Democracy made Uttar Pradesh investment friendly: Shri Goyal Union Minister of Commerce Industry, Shri Piyush Goyal during his valedictory speech at... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27947
Shri Piyush Goyal to co-chair 6th India-USA Commercial Dialogue meeting in Washington D.C. with Ms. Gina Raimondo
- - - Dated:- 30-9-2024 - Commerce and Industry Minister to interact with leading American and Indian CEOs, discuss investment avenues in India At the invitation of the United States Secretary of Commerce, Ms. Gina Raimondo Union Minister of Commerce and Industry, Government of India, Shri Piyush Goyal, will undertake a visit to the United States of America from September 30 - October 3, 2024. Shri Piyush Goyal will co-chair with Secretary Raimondo the India-USA CEO Forum on October 2 2024, and... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27948
- - - Dated:- 30-9-2024 - Commerce and Industry Minister to interact with leading American and Indian CEOs, discuss investment avenues in India At the invitation of the United States Secretary of Commerce, Ms. Gina Raimondo Union Minister of Commerce and Industry, Government of India, Shri Piyush Goyal, will undertake a visit to the United States of America from September 30 - October 3, 2024. Shri Piyush Goyal will co-chair with Secretary Raimondo the India-USA CEO Forum on October 2 2024, and... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27948
Prime Minister Modi Dedicates Bidkin Industrial Area to the Nation
- - - Dated:- 30-9-2024 - A new era of industrial growth begins in Marathwada Maharashtra Bidkin Industrial Area: A catalyst for economic growth, job creation, and global competitiveness Set to attract over ₹56,200 crore in investments, creating 30,000+ jobs and sparking industrial excellence Prime Minister, Shri Narendra Modi, dedicated the Bidkin Industrial Area (BIA) in Maharashtra to the nation, marking a significant milestone in India's industrial development. The Prime Minister ... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27949
- - - Dated:- 30-9-2024 - A new era of industrial growth begins in Marathwada Maharashtra Bidkin Industrial Area: A catalyst for economic growth, job creation, and global competitiveness Set to attract over ₹56,200 crore in investments, creating 30,000+ jobs and sparking industrial excellence Prime Minister, Shri Narendra Modi, dedicated the Bidkin Industrial Area (BIA) in Maharashtra to the nation, marking a significant milestone in India's industrial development. The Prime Minister ... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27949
Commerce Minister urges industry to promote Brand India through focus on quality
- - - Dated:- 30-9-2024 - Shri Goyal interacted with CEOs of PLI Beneficiary Companies as part of Make in India campaign Shri Goyal lauded PLI beneficiaries for bringing innovation, making India self reliant in vital sectors and generating employment PLI scheme has been a great success in terms of attracting investments and increasing exports: Shri Goyal Marking a decade of the transformative Make in India initiative, Minister of Commerce and Industry, Shri Piyush Goyal, urged the Indian industr... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27950
- - - Dated:- 30-9-2024 - Shri Goyal interacted with CEOs of PLI Beneficiary Companies as part of Make in India campaign Shri Goyal lauded PLI beneficiaries for bringing innovation, making India self reliant in vital sectors and generating employment PLI scheme has been a great success in terms of attracting investments and increasing exports: Shri Goyal Marking a decade of the transformative Make in India initiative, Minister of Commerce and Industry, Shri Piyush Goyal, urged the Indian industr... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27950
b2b rcm to regular b2b
how to update in GSTR portal for wrong e-invoice made as B2B RCM Instead of regular B2B and updated in GSTR-1 in nov 2023. - Reply By Shilpi Jain - The Reply = Issue a credit note for the old invoice and generate a fresh e-invoice. ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119328 - GST
how to update in GSTR portal for wrong e-invoice made as B2B RCM Instead of regular B2B and updated in GSTR-1 in nov 2023. - Reply By Shilpi Jain - The Reply = Issue a credit note for the old invoice and generate a fresh e-invoice. ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119328 - GST
Taxmanagementindia
b2b rcm to regular b2b, Goods and Services Tax - GST
Discussion Forum An issue, query raised by the member of TMI for reply, post by the experts on TaxTMI on b2b rcm to regular b2b, Goods and Services Tax -
Penalty Payable under Section 129(1a)
Goods Intercepted during Transit On which Applicable Tax Rate is 18% while Tax Invoice Raised for 12% Tax Rate. Therefore Invoice Raised for Tax Value of Rs. 100 on which Tax Paid is 12. E-way Has been made Correctly. Now Calculation of 200% penalty for Tax payable will be Rs. 36 or Rs. 12 Case 1 : Tax Payable on 100 will Rs. 18 while already paid Tax is 12. Therefore Tax Short Paid is 6 on which 200% penalty will be 12 Case 2: Tax payable on Rs. 100 is 18 therefore Penalty under 129(1a) is 36 ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119327 - GST
Goods Intercepted during Transit On which Applicable Tax Rate is 18% while Tax Invoice Raised for 12% Tax Rate. Therefore Invoice Raised for Tax Value of Rs. 100 on which Tax Paid is 12. E-way Has been made Correctly. Now Calculation of 200% penalty for Tax payable will be Rs. 36 or Rs. 12 Case 1 : Tax Payable on 100 will Rs. 18 while already paid Tax is 12. Therefore Tax Short Paid is 6 on which 200% penalty will be 12 Case 2: Tax payable on Rs. 100 is 18 therefore Penalty under 129(1a) is 36 ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119327 - GST
Taxmanagementindia
Penalty Payable under Section 129(1a), Goods and Services Tax - GST
Discussion Forum An issue, query raised by the member of TMI for reply, post by the experts on TaxTMI on Penalty Payable under Section 129(1a), Goods and Services Tax -
GST on Hotel Agent commission portion or whole invoice value
Dear sir, BTC Ltd (Travel co.) purchase Hotel package service from TBO ( Travel boutique online) and TBO provides Hotel booking service and charges commission form BTC Ltd. E.g Hotel rate is Rs 10,000 and commission Rs 1000 (inc GST), Total Invoice Rs 11,000. Now BTC Ltd offer same service to individual customer and charges Rs 11,000(as above) plus 4000(Commission), total 15,000 plus GST (15000*18%) i.e 17,700. Although owner of Hotel would have charged gst on hotel bill and TBO is also not cha... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119323 - GST
Dear sir, BTC Ltd (Travel co.) purchase Hotel package service from TBO ( Travel boutique online) and TBO provides Hotel booking service and charges commission form BTC Ltd. E.g Hotel rate is Rs 10,000 and commission Rs 1000 (inc GST), Total Invoice Rs 11,000. Now BTC Ltd offer same service to individual customer and charges Rs 11,000(as above) plus 4000(Commission), total 15,000 plus GST (15000*18%) i.e 17,700. Although owner of Hotel would have charged gst on hotel bill and TBO is also not cha... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119323 - GST
Taxmanagementindia
GST on Hotel Agent commission portion or whole invoice value, Goods and Services Tax - GST
Discussion Forum An issue, query raised by the member of TMI for reply, post by the experts on TaxTMI on GST on Hotel Agent commission portion or whole invoice value, Goods and Services Tax -
Business Reforms Action Plan 2024 to further strengthen Make in India; bring seamless business regulatory framework across India
- - - Dated:- 30-9-2024 - In a major push to further strengthen the Make in India initiative, the Business Reforms Action Plan (BRAP) 2024 is set to establish a seamless business regulatory framework across the country, enhancing the ease of doing business. Led by the Department for Promotion of Industry and Internal Trade (DPIIT), BRAP 2024 introduces next-generation reforms that address the needs of both businesses and citizens. Building on the successes of previous editions, BRAP 2024 aligns... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27951
- - - Dated:- 30-9-2024 - In a major push to further strengthen the Make in India initiative, the Business Reforms Action Plan (BRAP) 2024 is set to establish a seamless business regulatory framework across the country, enhancing the ease of doing business. Led by the Department for Promotion of Industry and Internal Trade (DPIIT), BRAP 2024 introduces next-generation reforms that address the needs of both businesses and citizens. Building on the successes of previous editions, BRAP 2024 aligns... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27951
Advisory for Biometric-Based Aadhaar Authentication and Document Verification for GST Registration Applicants of Odisha
- - - Dated:- 30-9-2024 - Dear Taxpayers, This is to inform taxpayers about recent developments concerning the application process for GST registration. It is advised to keep the following key points in mind during the registration process. 1. Rule 8 of the CGST Rules, 2017 has been amended to provide that an applicant can be identified on the common portal, based on data analysis and risk parameters for Biometric-based Aadhaar Authentication and taking a photograph of the applicant along with ... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27952
- - - Dated:- 30-9-2024 - Dear Taxpayers, This is to inform taxpayers about recent developments concerning the application process for GST registration. It is advised to keep the following key points in mind during the registration process. 1. Rule 8 of the CGST Rules, 2017 has been amended to provide that an applicant can be identified on the common portal, based on data analysis and risk parameters for Biometric-based Aadhaar Authentication and taking a photograph of the applicant along with ... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27952
ITC on second havd vehicle purchase
Dear Sirs, A scrap dealer has purchased a second-hand vehicle, rebuilt and hired. It is used to supply food articles, vegetables, milk and other daily consumables. Is he eligible for ITC on the purchase of the second-hand vehicle or blocked u/s 17 ? - Reply By Sadanand Bulbule - The Reply = Dear Murthy Is such motor vehicle purchased as scrap? or a usable motor vehicle? If it is purchased as scrap, then it loses the road worthy qualities of a motor vehicle and cannot be termed as such. However ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119321 - GST
Dear Sirs, A scrap dealer has purchased a second-hand vehicle, rebuilt and hired. It is used to supply food articles, vegetables, milk and other daily consumables. Is he eligible for ITC on the purchase of the second-hand vehicle or blocked u/s 17 ? - Reply By Sadanand Bulbule - The Reply = Dear Murthy Is such motor vehicle purchased as scrap? or a usable motor vehicle? If it is purchased as scrap, then it loses the road worthy qualities of a motor vehicle and cannot be termed as such. However ... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119321 - GST
Taxmanagementindia
ITC on second havd vehicle purchase, Goods and Services Tax - GST
Discussion Forum An issue, query raised by the member of TMI for reply, post by the experts on TaxTMI on ITC on second havd vehicle purchase, Goods and Services Tax -
Restoration of GST Returns data on Portal
Please refer to the advisory issued on 24th September, 2024 regarding the archival of return data from the Common Portal after seven years. This data was archived in line with data archival policy. Data archival process was implemented on a monthly basis. Consequently, the return data for July, 2017 and August, 2017 was archived on 01st August and on 01st September respectively. However, in view of the requests received from the trade due to the difficulties faced, data has been restored back o... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27953
Please refer to the advisory issued on 24th September, 2024 regarding the archival of return data from the Common Portal after seven years. This data was archived in line with data archival policy. Data archival process was implemented on a monthly basis. Consequently, the return data for July, 2017 and August, 2017 was archived on 01st August and on 01st September respectively. However, in view of the requests received from the trade due to the difficulties faced, data has been restored back o... ... ...
Source:
https://www.taxmanagementindia.com/visitor/detail_rss_feed.asp?ID=27953
DENIAL OF ITC DUE TO SUPPLIERS REGISTRATION HAS BEEN CANCELLED UNDER SECTION 29(2)(e)
DEAR EXPERT, MY QUERY IS UNDER. I am manufacturing firm. I am purchasing raw material from different suppliers. Sometimes we are purchasing from agents. So we dont know the supplier personally. We have received 3 different DRC-01 for the F.Y. 2018-19 stating that suppliers registration cancelled suo moto. hence ITC need to reverse. initially they have issued summon to us and we have supplied documents as they required. but off the record, they told us that when ever any suppliers GST number can... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119329 - GST
DEAR EXPERT, MY QUERY IS UNDER. I am manufacturing firm. I am purchasing raw material from different suppliers. Sometimes we are purchasing from agents. So we dont know the supplier personally. We have received 3 different DRC-01 for the F.Y. 2018-19 stating that suppliers registration cancelled suo moto. hence ITC need to reverse. initially they have issued summon to us and we have supplied documents as they required. but off the record, they told us that when ever any suppliers GST number can... ... ...
Source:
https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=119329 - GST
Taxmanagementindia
DENIAL OF ITC DUE TO SUPPLIERS REGISTRATION HAS BEEN CANCELLED UNDER SECTION 29(2)(e), Goods and Services Tax - GST
Discussion Forum An issue, query raised by the member of TMI for reply, post by the experts on TaxTMI on DENIAL OF ITC DUE TO SUPPLIERS REGISTRATION HAS BEEN CANCELLED UNDER SECTION 29(2)(e), Goods and Services Tax -
Bidders' plea against GST registration mandate dismissed for lack of merits and defective affidavit.
Writ petition challenging requirement of GST registration for bidders dismissed. Court held role in tender matters restricted unless action palpably unreasonable or mala fide. Petitioners' registered offices in West Bengal, but address in Assam vague. Affidavit defective as deponent's authority for other petitioners not stated. Petitioners' conduct in approaching court questionable. Writ petition lacking merits, hence dismissed.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81789
#TenderLaw #GST #CourtIntervention #ProceduralCompliance #JudicialReview #TenderLaw #GST - Indian Laws
Writ petition challenging requirement of GST registration for bidders dismissed. Court held role in tender matters restricted unless action palpably unreasonable or mala fide. Petitioners' registered offices in West Bengal, but address in Assam vague. Affidavit defective as deponent's authority for other petitioners not stated. Petitioners' conduct in approaching court questionable. Writ petition lacking merits, hence dismissed.
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81789
#TenderLaw #GST #CourtIntervention #ProceduralCompliance #JudicialReview #TenderLaw #GST - Indian Laws
Apex court upholds arbitral award, limits appellate court's interference.
The Appellate Court exceeded its jurisdiction u/s 37 of the Arbitration and Conciliation Act, 1996, by setting aside an arbitral award that had already been confirmed u/s 34. The Supreme Court reiterated that courts should not interfere with arbitral awards lightly, and mere possibility of an alternative interpretation does not warrant reversal. The scope of intervention is confined to grounds specified u/s 34, and the appellate power u/s 37 is limited to examining if the court u/s 34 acted within its limits. The Appellate Court cannot reappraise evidence on merits as an ordinary court of appeal. Since the arbitral award was reasonable, based on evidence, and not against public policy or law, it was rightly upheld u/s 34. The Appellate Cour.....
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81790
#ArbitrationLaw #JudicialReview #CommercialDisputes #LegalPrecedent #JudicialDiscipline - Indian Laws
The Appellate Court exceeded its jurisdiction u/s 37 of the Arbitration and Conciliation Act, 1996, by setting aside an arbitral award that had already been confirmed u/s 34. The Supreme Court reiterated that courts should not interfere with arbitral awards lightly, and mere possibility of an alternative interpretation does not warrant reversal. The scope of intervention is confined to grounds specified u/s 34, and the appellate power u/s 37 is limited to examining if the court u/s 34 acted within its limits. The Appellate Court cannot reappraise evidence on merits as an ordinary court of appeal. Since the arbitral award was reasonable, based on evidence, and not against public policy or law, it was rightly upheld u/s 34. The Appellate Cour.....
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81790
#ArbitrationLaw #JudicialReview #CommercialDisputes #LegalPrecedent #JudicialDiscipline - Indian Laws
Undervalued property auction allowed due to delayed objection, statutory buyer to pay settlement.
The auction sale notice for the immovable property of the society under liquidation was published with a lower valuation and upset price. Despite being aware of the undervaluation, the appellant did not promptly challenge it, allowing the auction to proceed. The auction purchaser was a statutory body, the Agricultural Produce Market Committee. The court held that the appellant's delayed objection after the auction was unjustified, as it should have approached the court promptly upon noticing the undervaluation. The law discourages indolent litigants and aims to protect accrued third-party rights. Although the purchaser's statutory status does not grant immunity for acquiring property at a throwaway price, the appellant's own interests as a .....
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81791
#PropertyAuction #Undervaluation #DelayedObjection #StatutoryBuyer #SettlementPayment - Indian Laws
The auction sale notice for the immovable property of the society under liquidation was published with a lower valuation and upset price. Despite being aware of the undervaluation, the appellant did not promptly challenge it, allowing the auction to proceed. The auction purchaser was a statutory body, the Agricultural Produce Market Committee. The court held that the appellant's delayed objection after the auction was unjustified, as it should have approached the court promptly upon noticing the undervaluation. The law discourages indolent litigants and aims to protect accrued third-party rights. Although the purchaser's statutory status does not grant immunity for acquiring property at a throwaway price, the appellant's own interests as a .....
Source:
https://www.taxmanagementindia.com/web/tmi_highlights_details.asp?id=81791
#PropertyAuction #Undervaluation #DelayedObjection #StatutoryBuyer #SettlementPayment - Indian Laws