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Cus - Export of non-basmati rice - Notification 20/2023 insofar as it denies the benefit of the transitional arrangement as contained in para-1.05 of the FTP 2023, is bad in law: HCCus - Refund of SAD - 102/2007-Cus - Areca Nut and Supari are one and the same - Objections with regard to name, nature and status of importer or buyers or the end use of goods purchased by them etc. are extraneous: HCCX - Interest on Refund - Since wrong order annexed by petitioner in paper book, Bench is unable to proceed further - Petition is dismissed with liberty to file a fresh one: HCGST - No E-way bill - When petitioner imports machinery and after Customs clearance, transports same to his own factory, it cannot be said that such a transportation would fall within the definition of term 'supply' - Penalty imposable under second limb of s.129(1)(a): HCGST - Fix responsibility on officers who allowed BG to lapse - Petitioner not justified in not renewing BG - Cost of Rs.15 lacs imposed, to be paid to PM Cares Fund: HCGST - Since the parties agree that petition can be disposed of on the basis of records available before Appellate Authority, petitioner is directed to enclose all documents filed before Appellate Authority in a compilation, in form of a paper book: HCWrong RoadST - Whether any service is used for personal consumption or not is certainly question of fact and being question of fact, no substantial question of law arises: HCGovt proposes to amend Geographical Indication of Goods Rules; Draft issued for feedbackST - If what has been paid as tax is without authority of law, Revenue should refund the same - Denial of credit would result in the whole exercise being tax neutral: HCWarehousing Authority notifies several agri goods to be stored in only registered warehousesST - Even if the petitioner may have a case on merits, it is best left to be decided by the Appellate Authority under the hierarchy prescribed under the FA, 1994: HCUS FDA okays Eli Lilly Alzheimer’s drugGST - Petitioner challenges jurisdiction of assessing officer - Petitioner is entitled to file an appeal u/s 107 by availing an alternate efficacious remedy: HCFive from Telangana killed in car accident on Pune-Solapur HighwayGST - Existence of an alternative remedy is a material consideration but not a bar to the exercise of jurisdiction: HCHush money case against Donald Trump - Sentencing deferred to Sept 18GST - It is open to a trader to take goods by whichever route he opts, unless the law otherwise requires, destination point being intact: HCDeadly hurricane Beryl smashes properties in JamaicaGST - Conclusion that taxable person is providing a service to supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier is ex facie erroneous and contrary to the fundamental tenets of GST law: HCIsrael claims 900 militants killed in Rafah since May monthGST - Order expressly records that personal hearing notice was returned with endorsement 'no such person at address' - Since petitioner has shifted to a new premises, it is just and necessary to provide an opportunity to contest demand: HC116 die in stampede at UP ’Satsang’I-T- Application for revision of order dismissed in limine on grounds of delay; case remanded for re-consideration: HCWe are deepening economic ties with India, says US officialI-T- As per Section 119(2)(b), power to condone applications relate to claims for amount exceeding Rs 50 lakhs are to be considered by CBDT; however it is impermissible for CBDT to pass order on merits: HC8 Dutch engineers build world’s longest bicycle - 180 feet, 11 inchesI-T- Additions framed u/s 68 for unexplained income & u/s 69 for unexplained expenditure not tenable where complete transactional details are furnished & not doubted: HCRailways earns Rs 14798 Crore from Freight loading in June monthI-T- Delay in filing ITR is per se insufficient reason to estimate assessee's profit @15% on turnover, more so where audited financial report is filed in timely manner: ITATMoD inks MoU to set up testing facilities in Unmanned Aerial System in TN Defence Industrial CorridorI-T- For invoking section 69A, assessee should be found to be owner of any money, bullion, jewellery or other valuable article & which is not recorded in the books of account: ITATGovt proposes Guidelines for ethical approach to Coal MiningI-T- TDS credit can be allowed based on AIS, where details pertaining to TDS, advance tax & other payments are reflected in Form 26AS: ITATVaishnaw to inaugurate Global IndiaAI Summit 2024I-T- Lending money with the primary intention of earning interest can be considered a business activity, but nature and manner of lending, as well as the frequency, should be taken into account: ITAT
 
Complete Commercial Litigation Reforms before 2019 polls

MARCH 13, 2018

By TIOL Edit Team

MODI Government has done well to focus on commercial litigation reforms. They, if implemented as a package, can go a long way in improving ease of doing business (EoDB) and stimulating investments.

The focus is evident from the two Cabinet's decisions taken on 7th March 2018. These are approvals 1) The Arbitration and Conciliation (Amendment) Bill (ACAB), 2018 and the Commercial Courts, Commercial Division and Commercial Division of High Courts (Amendment) Bill, 2018.

These decisions were preceded by introduction of The New Delhi International Arbitration Centre (NDIAC) Bill 2018 in LokSabha during January 2018. NDIAC would create autonomous regime for institutionalized, international arbitration. NDIAC would be established by acquiring International Centre for Alternative Dispute, which was set up in 1995.

ACAB provides for creation of another independent body, the Arbitration Council of India(ACI). It will grade arbitral institution and accredit arbitrators and promote arbitration, conciliation, mediation and other Alternative Dispute Resolution (ADR) mechanism.

ACAB also seeks to exclude international arbitration from the bounds of timeline and to provide for delivery of arbitral award in other arbitrations within 12 months from the completion of pleadings by the parties.

Both NDIAC and ACAB have been mooted following the submission of report by High Level Committee to Review the Institutionalisation of Arbitration Mechanism in India in July 2017.

Chaired by Justice B. N. Srikrishna, retired Supreme Court Judge, HLC recommended a slew of initiatives. The Government has not yet disclosed whether it is going to implement all recommendations as a package.

The Government had amended The Arbitration and Conciliation Act, 1996 by enacting the Arbitration and Conciliation (Amendment)Act, 2015 to make arbitration process user friendly, cost effective and speedy.

The Commercial Courts amendment bill largely seeks to overcome limitations and difficulties noticed in implementation of Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

It is, however, a matter of concern that the two laws, enacted in 2015, have to be amended so soon. Such amendments can be avoided by revisiting and improving the law making process.

Another worrisome factor is the remove inordinate delay in Government and regulatory authorities exercising restrain in reducing their contributions to litigation clutter. The inter-ministerial, inter-regulatory and inter-agency litigation should be avoided by all means. The differences within the Government and its creations should be resolved outside the courts. The system of Government appealing against unfavourable verdicts in higher rung of courts has to be also reviewed to reduce pendency of court cases.

For this, the country needs credible and effective National Litigation Policy (NLP). NDA Government has been busy for more than two years in framing new NLP. This would replace the unimplemented NLP, which was unveiled by UPA Government in June 2010.

The Government ought to disclose what was terribly wrong with NLP 2010 that it remained unimplemented. Did UPA also not implement it?

Completion of reforms should be watchwords for Modi Government in the run-up to the LokSabha polls. These, in normal course, should be held in April 2019. Experience shows that change of Government or even ministers in case of return of ruling alliance to power triggers reviews of all sorts. These cause avoidable delays.

Any slippages by present Government in completing and implementing proposed initiatives would harm the larger objective of improving EoDB and catalyzing investments for growth and jobs.

The Challenge before the Government is to seek cooperation of the Opposition in passage of three bills in Parliament and their enactment into laws in 2018 itself. And this should be followed up with gazette notifications announcing enforcement of the new laws and related rules.

It is a daunting task, if we factor in other pending and proposed bills. NDA, the ruling alliance, should show political maturity to focus on legislative business by accommodating the Opposition's demand on contentious issues. Ideally, it should not let contentious issues go out of control through mud-slinging.

Apart from these commercial disputes-related legislation, the Government should prioritize all proposed and pending bills from the standpoint of maintaining momentum of inclusive growth, which is key to peace and prosperity in Indian society.


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