In the context of an appeal u/s 37(1)(c) of the Arbitration Act, ...

Appellate Court's remand power u/s 37(1)(c) to be used sparingly. Narrow scope of interference u/s 34 & 37. Multiple grounds waste time & increase pendency.

Case Laws Indian Laws

July 10, 2024

In the context of an appeal u/s 37(1)(c) of the Arbitration Act, the Court held that while the Appellate Court has the power to remand the matter to the Section 34 Court, this power should be exercised sparingly and only in exceptional circumstances where remand is unavoidable. Routinely passing remand orders would defeat the object of the Arbitration Act by causing delay and increased costs. The scope of interference u/s 34 is narrow, and the jurisdiction u/s 37 is even narrower. The Court cautioned against raising multiple grounds not covered by Section 34, as it wastes the Court's time and contributes to pendency. The appeal was partly allowed, and the matter was listed for further hearing.

View Source

← Previous Next →

In the context of an appeal u/s 37(1)(c) of the Arbitration Act, ...

Appellate Court's remand power u/s 37(1)(c) to be used sparingly. Narrow scope of interference u/s 34 & 37. Multiple grounds waste time & increase pendency.

Case Laws Indian Laws

July 10, 2024

You may also like:

Scope of arbitration award - Once it was found that the advance amount was paid for hypothecation of equipment and thereafter when the Arbitral Tribunal awarded the...

Disallowance of Corporate Social Responsibility (CSR) expenses u/s 37(1) - prior to insertion of Explanation – 2 to section 37(1) of the Act, w.e.f., 01.04.2014, as per...

Pharmaceutical companies’ gifting freebies to doctors, etc. - whether Allowable Business expenditure under Section 37(1)?

TDS u/s 195 - disallowance u/s 40(a)(i) - allowability of expenditure u/s 37(1) - there is no question of alternating between section 37(1) of the I.T.Act and section...

Addition u/s 37(1) - non-competition fee - revenue or capital expenditure - it does not bring in any capital asset - the payment is allowable u/s 37(1) - HC

Payment made for surrender of tenancy rights - deduction allowed u/s 37(1) - AT

The assessee claimed deduction for interest and late fees paid on account of delay in filing GST returns. The authorities disallowed the claim, invoking Explanation 1 to...

Disallowance of expenditure u/s. 37(1) - professional charges paid - quantum of allowance - There is no power to AO to reduce the claim, whereas he can examine whether...

Expenses under the head research and development - deduction of such expenses under the provisions of section 37(1) OR u/s 35 - the genuineness of the expenses cannot be...

Disallowance u/s 37(1) - penalty amount - Merely because the assessee categorised the claim under “penalty levied on the assessee company for not complying to the terms...

Deduction u/s 37(1) - earnest money forfeited - As such the alleged amount though is not covered by the provisions of Section 36(1)(viia) but certainly it will be...

Arbitration award challenged u/s 34 of the Arbitration and Conciliation Act, 1996. Arbitrator allowed 3% of contract amount as on-site establishment expenses using...

Arbitral award - The scope of interference with the Arbitral Award under Section 34 of the Act is limited. The impugned award can be interfered only on the grounds as...

Allowability of fine and penalty as per section 37 - the ‘FINE’ paid by the Assessee is allowed as expenditure u/s 37(1) the amount paid as ‘penalty’is an inadmissible...

Disallowance of illegal expenses - A little bit of interplay between Section 115BBE and Section 37(1) of the Act might throw more light on both the provisions. If a loss...

Quick Updates: