SBP & Co. v. Patel Engineering Ltd. & Anr.

Kapil Kumar Agarwal, Gurgaon vs. DCIT, Gurgaon

Appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishikapil Kumar Agarwal, Vs. Dcit, C/O. Ipsaa House Anm & Circle-1(1), Associates, J021A, Mayfiled Gurgaoon Gardens, Sector-51, Gurgaon Pan: Aacpa2412L (Appellant) (Respondent)

…v. Seven Trent Water Purification Inc. [2013] 1 SCC 641 has inappositely and incorrectly understood the principles stated in the major part of the decision rendered by a larger bench in SBP & Kapil Kumar Agarwal Vs DCIT Company v. Patel Engineering Ltd [2005] 8 SCC 618 and, in resistance, Mr. Harish Salve amd Dr. A.M. Singhvi, learned senior counsel for the respondent, while defending the view expressed later by the three- Judge Bench, have laid immense emphasis on consistency and certainty of law that garner public confidence, especially in the field of arbitration, regard being had to the globalization of econo…

The Commissioner of Income Tax - International Taxation -3 vs. Shanghai Electric Group Co. Ltd

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

…contended that it is the existence of an Arbitration Agreement that would confer jurisdiction to grant interim relief under Section 9 of the Act, as held by the Constitution Bench of the Supreme Court in SBP & Co. vs. Patel Engineering Ltd. & Anr. [(2005) 8 SCC 618]. In the case of K.K. Modi Investments and Financial Services Pvt. Ltd. vs. Apollo International Inc., [(2009) SCC OnLine 1595], the applicant had sought relief under Section 9 of the Act against non-signatory affiliates of the parties to an Arbitration Agreement, contained in a Shareholder‟s Agreement. Court rejected the contention on accoun…

The Pr. Commissioner of Income Tax -Central-3 vs. Hfcl Infotel Ltd

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

…contended that it is the existence of an Arbitration Agreement that would confer jurisdiction to grant interim relief under Section 9 of the Act, as held by the Constitution Bench of the Supreme Court in SBP & Co. vs. Patel Engineering Ltd. & Anr. [(2005) 8 SCC 618]. In the case of K.K. Modi Investments and Financial Services Pvt. Ltd. vs. Apollo International Inc., [(2009) SCC OnLine 1595], the applicant had sought relief under Section 9 of the Act against non-signatory affiliates of the parties to an Arbitration Agreement, contained in a Shareholder‟s Agreement. Court rejected the contention on accoun…

Principal Commissioner of Income Tax (Central)- 1 vs. Sahara India Financial Corporation Ltd

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

…erein the Court lifted the corporate veil for the reason the corporate character was being employed for the purpose of committing illegality or for defrauding others. 24.4. The Constitution Bench comprising of seven judges of the Supreme Court in (2005) 8 SCC 618 SBP & Co. Vs. Patel Engineering Ltd. & Anr. held that an order of reference to an arbitration under Section 11 of the Arbitration Act was a judicial decision and not an administrative decision. The Chief Justice could also decide the question whether the claim was a dead one or a long barred claim that was sought to be resurrected and whether…

Commissioner of Income Tax - Xv vs. Bharti Mishra

…v. Seven Trent Water Purification Inc. and others (2013) 1 SCC 641 has inappositely and incorrectly understood the principles stated in the major part of the decision rendered by a larger bench in SBP & Company v. Patel Engineering Ltd and another (2005) 8 SCC 618 and, in resistance, Mr. Harish Salve amd Dr. A.M. Singhvi, learned senior counsel for the respondent, while defending the view expressed later by the three- Judge Bench, have laid immense emphasis on consistency and certainty of law that garner public confidence, especially in the field of arbitration, regard being had to the globaliza…