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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Supreme Court Upholds Validity of Section 17(2)(viii) of Income Tax Act and Rule 3(7)(i) of Income Tax Rules in Bank Employee Loan Perquisite Case. Delegation of Power to Prescribe Fringe Benefits Held Not Excessive and Use of SBI Prime Lending Rate as Benchmark Upheld as Non-Arbitrary.

The Supreme Court, in a common judgment, dismissed appeals filed by staff unions and officers' associations of various banks challenging the constitut...

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Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material — Reassessment Based on Search of Third Party Without Nexus to Assessee's Income Not Valid

The petitioner, Sanghvi Swiss Refills Pvt. Ltd., a manufacturer of ball pens and refills, challenged notices dated March 30, 1989 issued under Section...

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Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

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Bombay High Court Dismisses Petition Challenging Arbitral Award Based on Unilateral Appointment of Arbitrator. Unilateral Appointment Does Not Violate Section 12(5) Read with Seventh Schedule When Arbitrator Not Disqualified and Objection Waived by Participation.

The petitioners, Hanuman Motors Pvt. Ltd. and another, challenged an arbitral award passed by a sole arbitrator appointed by the respondent, M/s. Tata...

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High Court of Bombay Examines Tender Ineligibility for Hoarding Advertisement Rights; Interim Relief Continues Pending Final Decision. Writ Petition under Article 226 Challenges Declarations of Ineligibility in Tender Nos. 3 and 4 Concerning 106 Hoarding Sites in Mumbai.

The writ petition under Article 226 of the Constitution of India was filed by Sagar Lookouts, a registered partnership firm, challenging decisions of ...