Tax concession disputes are not subject to arbitration: Supreme Court

Last updated: 06 October 2022
Quick Summary
The Supreme Court has ruled that disputes concerning tax concessions are not subject to arbitration. The court overturned a High Court decision that had dismissed a company's petition regarding tax benefits. The case has been sent back to the High Court for a decision on its merits, with instructions for prompt resolution.

Court :
Supreme Court of India

Brief :
The Hon'ble Supreme Court in the matter of M/s Shree Enterprise Coal Sales Pvt Ltd v. Union of India & Anr [Civil Appeal No 6539 of 2022 dated September 12, 2022] overruled the Allahabad High Court judgment and ordered to remand the proceedings back to the High Court for consideration on merits. The Hon'ble Supreme Court also observed that the High Court was in error while dismissing the writ petition filed by the assessee.

Citation :
Civil Appeal No 6539 of 2022 dated September 12, 2022

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Judgements Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
View all CCI PRO benfits

Already a PRO member? Login here for an ad-free experience.

 
Comments


Recent Judgments :

  1. Forest Development Tax Demand, Collection and Refund Subject to Final Outcome of Pending Cases
  2. SC : Extended Limitation Cannot Be Invoked Where Department Was Aware of Valuation Facts
  3. SC : Selling Shares While in Possession of UPSI Constitutes Insider Trading Even if No Profit Is Made
  4. SC : Laser Imagers Compatible with Machines Under Different Tariff Headings Classifiable Under CTH 9033
  5. Education Consultancy Services to Foreign Universities Not Intermediary Services; Refund of IGST on Export of Services Allowed
  6. Penalty Cannot Be Confirmed Beyond What is Specified in Statutory Form GST DRC-01
  7. Non-Supply of Field Visit Report Vitiates Rejection of Revocation Application
  8. Alternative Remedy before GSTAT to be Exhausted Despite Allegation that Adjudication Travelled Beyond SCN
  9. ITAT Jodhpur: AO Allows ₹2.61 Crore Deduction under Sections 54EC and 54F; Assessee's Appeal Dismissed as Infructuous
  10. CESTAT Revokes Suspension of Customs Broker Licence for Non-Compliance with Mandatory 15-Day Hearing Requirement

View More Judgments »


Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Pro Member lalanjh2005lalanjh2005Pro Member RAJENDRA PARAKHIRAJENDRA PARAKHIPro Member shobi Hshobi HPro Member YARRAMREDDY MYARRAMREDDY MPro Member CA. Urmila MahalwalCA. Urmila Mahalwal
Subscribe to Pro
Join an elite circle of professionals

Browse by Category