The impugned order cannot compel the claimant/petitioner to sign ...

Arbitral order lacks jurisdiction, misreads tax laws, violates self-incrimination. Accounts' veracity dispute unresolved. Order may render proceedings infructuous.

Case Laws Companies Law

July 13, 2024

The impugned order cannot compel the claimant/petitioner to sign financial statements amid disputes over accounts' veracity before adjudication of the main arbitral proceeding. The order lacks jurisdiction, misreads Income Tax Act provisions on penalties for inaccurate statements, and violates constitutional principles against self-incrimination. The accounting standards are not binding on Income Tax Authorities. An Arbitral Tribunal's interlocutory order in a private dispute cannot bind Income Tax Authorities governed by statutory provisions. Implementing the order may render arbitral proceedings infructuous by filing disputed accounts with claimant's signature. Though not aiding the main relief, the order has the effect of granting final relief prematurely. The petition is allowed.

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The impugned order cannot compel the claimant/petitioner to sign ...

Arbitral order lacks jurisdiction, misreads tax laws, violates self-incrimination. Accounts' veracity dispute unresolved. Order may render proceedings infructuous.

Case Laws Companies Law

July 13, 2024

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