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Between the Lines | Supreme Court: A foreign award is enforceable against non-signatories under Part II of the Arbitration and Conciliation Act, 1996

The Hon’ble Supreme Court (“SC”) has in the matter of M/s Gemini Bay Transcription Private Limited v. M/s Integrated Sales Services Limited and Others (Civil Appeal No. 8343-8344 OF 2018), held that the foreign arbitral awards are binding on non-signatories under Part II of the Arbitration and Conciliation Act, 1996 (“Act”). Facts M/s Integrated Sales […]

Between the Lines | Supreme Court: Application to initiate corporate insolvency resolution process will be rejected so long as a dispute truly exists in fact and is not spurious, hypothetical or illusory

The Supreme Court (“SC”) has, by an order passed in the matter of Kay Bouvet Engineering Limited v. Overseas Infrastructure Alliance (India) Private Limited [Civil Appeal No. 1137 of 2019], decided on August 10, 2021 (“Judgement”), upheld the order passed by the National Company Law Tribunal (“NCLT”) on July 26, 2018, wherein the SC concluded […]

Between the Lines | Supreme Court: An emergency award passed under the SIAC rules can be enforced in India under Section 17 of the Arbitration Act.

The Hon’ble Supreme Court (“SC”) has in its judgment dated August 06, 2021 (“Judgement”), in the matter of Amazon.com NV Investment Holdings LLC v. Future Retail Limited & Others [Civil Appeal No.4492-4493/2021], held that, the emergency award passed under the arbitration rules of Singapore International Arbitration Centre (“SIAC Rules”) can be enforced in India under […]

GST Cafe | Refund of unutilized credit accumulated on account of inverted duty structure for tax paid on input services cannot be claimed: SC

We are pleased to share with you the copy of our latest GST Café, which is a briefing on the judgment of the Hon’ble Supreme Court of India in Union of India V VKC Footsteps, where the refund of unutilized input tax credit on account of the rate of input services being higher than outward supplies, cannot […]

GST Cafe | Services provided by a University, including affiliation of colleges and other allied services given to students, exempt from Service Tax: Madras HC

A single bench of the Hon’ble High Court of Madras in a recent judgment of Madurai Kamraj University vs. Joint Commissioner[1] held that services provided by a University, including affiliation of colleges and other allied services given to students, are exempted from levy of Service Tax as per Finance Act, 1994. Background: Section 2(a) of […]

Competition News Bulletin – September 2021 – Newsletter

We are glad to share the September 2021 edition of our newsletter – Competition News Bulletin. Some highlights of this issue are as under: Competition Commission of India (CCI) imposes penalty of INR 200 Crore on Maruti Suzuki Ltd for its discount control policy. CCI directs investigation against Google for alleged abuse of dominant position […]