Saving Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India of any award or of availing himself in India of any award if this Chapter had not been enacted.
Section 51 – Arbitration And Conciliation Act, 1996 Read More »
Appealable orders (1) [Notwithstanding anything contained in any other law for the time being in force, an appeal] shall lie from the order refusing to— (a) refer the parties to arbitration under section 45; (b) enforce a foreign award under section 48, to the Court authorised by law to hear appeals from such order. (2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.
Section 50 – Arbitration And Conciliation Act, 1996 Read More »
Enforcement of foreign awards Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be deemed to be a decree of that Court.
Section 49 – Arbitration And Conciliation Act, 1996 Read More »
Condition for enforcement of foreign awards (1) Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the Court proof that— (a) the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or (b) the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (c) the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration : Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be enforced; or (d) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (e) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. (2) Enforcement of an arbitral award may also be refused if the Court finds that— (a) the subject-matter of the difference is not capable of settlement by arbitration under the law of India; or (b) the enforcement of the award would be contrary to the public policy of India. [Explanation 1.—For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India, only if,— (i) the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or (ii) it is in contravention with the fundamental policy of Indian law; or (iii) it is in conflict with the most basic notions of morality or justice. Explanation 2.—For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute.] (3) If an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the Court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.
Section 48 – Arbitration And Conciliation Act, 1996 Read More »
Evidence (1) The party applying for the enforcement of a foreign award shall, at the time of the application, produce before the Court— (a) the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made; (b) the original agreement for arbitration or a duly certified copy thereof; and (c) such evidence as may be necessary to prove that the award is a foreign award. (2) If the award or agreement to be produced under sub-section (1) is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India. [Explanation.—In this section and in the sections following in this Chapter, “Court” means the High Court having original jurisdiction to decide the questions forming the subject-matter of the arbitral award if the same had been the subject matter of a suit on its original civil jurisdiction and in other cases, in the High Court having jurisdiction to hear appeals from decrees of courts subordinate to such High Court.]
Section 47 – Arbitration And Conciliation Act, 1996 Read More »
When foreign award binding Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in India and any references in this Chapter to enforcing a foreign award shall be construed as including references to relying on an award.
Section 46 – Arbitration And Conciliation Act, 1996 Read More »
Rajasthan Anuprati Yojana has been started by the state government in the year 2005. Under this scheme, the talented candidates of Scheduled Caste / Scheduled Tribe / Special Backward Class / Other Backward Class and General Category BPL families of the state will be provided financial assistance by the Rajasthan Government for preparing for selection in various competitive examinations like Indian Civil Services, Rajasthan Civil Services, IIT, IIM, CPMT, NIT and Government Engineering and Medical etc. Rajasthan Anuprati Coaching Scheme 2024 Under this scheme, the poor students of Scheduled Caste and Scheduled Tribe who pass the All India Civil Services Examination at various levels will be provided incentive amount of up to Rs 1 lakh by the Rajasthan Government. This amount will be made available at various levels. The annual income of the family of the candidates of Scheduled Caste / Scheduled Tribe / Special Backward Class availing this scheme should not exceed Rs 2 lakh. Under this Rajasthan Anuprati Yojana 2024, an incentive amount of Rs 10 thousand will be given to the students on being successful in the engineering and medical entrance examination RPMT / RPET conducted by the Rajasthan government in the state and taking admission in government medical and engineering colleges. Name of the scheme Rajasthan Anuprati Yojana Started by Rajasthan Government Beneficiary poor students of the state Objective providing incentives Application Process Online official website https://sje.rajasthan.gov.in/schemes/Anuprati.html Objective of Rajasthan Anuprati Yojana 2024 The condition of the families of students of Scheduled Caste, Scheduled Tribe category is very weak, due to which the children of these families are not able to get higher education. In view of this problem, the state government has started Rajasthan Anuprati Yojana 2024. Under this scheme, all the poor students of Scheduled Caste and Scheduled Tribe category, Backward Class and General Category of Rajasthan are encouraged by providing financial assistance for preparation for selection in various competitive examinations like Indian Civil Services, Rajasthan Civil Services, IIT, IIM, CPMT, NIT and Government Engineering and Medical etc. To make the future of poor students bright in the field of education through Rajasthan Anuprati Yojana. To empower the candidates through this scheme. Incentive amount given in Rajasthan Anuprati Yojana Incentive amount received for All India Civil Services Examination Description Incentives On passing the preliminary examination Rs 65000 On passing the main exam Rs 30,000 On passing the interview Rs 5000 total amount received Rs 1,00000 RPSC Rajasthan Public Service Commission Exam Payable Amount Description Incentives On passing the preliminary examination Rs 25000 On passing the main exam Rs 20,000 On passing the interview Rs 5000 total amount received Rs 50,000 Prepare for the following exams through Rajasthan Anuprati Yojana union local service commission Civil Services Exam, Rajasthan Public Service Commission RAS & Subordinate Services Combined Competitive Examination Sub Inspector and other exams above 3600 Grade Pay or Pay Matrix Level 10 Writ Rajasthan Staff Selection Commission Exam above Grade Pay 2400 or Pay Matric Level 5 Constable Examination Entrance Exams Engineering Entrance Exams Medical Entrance Test CLAT Exam Benefits of Anuprati Yojana Rajasthan 2024 The benefit of this scheme will be provided to the students of Scheduled Caste, Scheduled Tribe and poor class of Rajasthan. To encourage the students of Scheduled Caste, Scheduled Tribe and poor class of the state in the field of education, financial assistance of Rs 1 lakh will be provided by the government. Under Anuprati Yojana Rajasthan 2024, an incentive amount of Rs 50,000 will be provided to the students for the RPSC Rajasthan Public Service Commission examination (IIT, IIM, AIIMS, NIT, NLU). After clearing the RPMT/RPET conducted by the Rajasthan Government and getting admission in a Government Medical/Engineering College, the candidate will be provided with a sum of Rs. 1000. Eligibility for Chief Minister Anupriti Coaching Scheme To avail the benefit of Mukhyamantri Anuprati Coaching Scheme, it is mandatory for the applicant to be a permanent resident of Rajasthan. Under Rajasthan Anuprati Yojana, students of Scheduled Caste, Scheduled Tribe, Other Backward Class, Extremely Backward Class, Minority and Economically Weaker Section can apply. This application can be made through the Tribal Area Development Department, Social Justice Empowerment and Minority Affairs Department. All those students whose parents are working as state government employees up to Matric Level 11 and are receiving salary can also avail the benefits of this scheme. To avail the benefits under this scheme, the annual income of the applicant’s family should be ₹800000 or less. Rajasthan Anuprati Yojana 2024 Documents Aadhaar card of the applicant Attested copy of residence certificate I Certificate Attested copy of caste certificate Attested copy of BPL certificate BPL issued by competent authority Attested copy of certificate Attested copy of certificate of passing various stages of competitive examination Attested copy of certificate of passing the entrance examination and taking admission in the educational institution Affidavit mobile number Passport size photograph How to apply online for Rajasthan Anuprati Yojana 2024? First of all you have to visit the official website of SSO Rajasthan . Now the home page will open in front of you. Now you have to click on the login page. If you are already registered then you will have to login by entering your login credentials and if you are not registered then you will have to register first and then login. Now a new page will open on your screen. On this page you have to click on the option of SJMS portal. After this, a new page will open on your screen in which you will have to login by entering your name and password. After this the user dashboard will open on your screen. You have to click on the option of list of schemes. Now you have to select the Anupriti plan. After this you will have to enter all the information asked. Now you have to upload all the important documents. After this you will have to click on the submit option. After clicking on the Submit option, the application number will appear on your screen. You have to save this application number with you. In this way you
Rajasthan Anuprati Scheme Read More »
Power of judicial authority to refer parties to arbitration Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, [unless it prima facie finds] that the said agreement is null and void, inoperative or incapable of being performed.
Section 45 – Arbitration And Conciliation Act, 1996 Read More »
Implementation of a comprehensive Income Tax system like GST in India will ensure that taxpayer services such as registration, returns, and compliance are transparent and straightforward. Individual taxpayers will be using 4 forms for filing their GST returns such as the return for supplies, return for purchases, monthly returns, and annual return. Small taxpayers who have opted for a composition scheme will have to file quarterly returns. All filing of returns will be done online. What is a GST Return? A GST return is a document containing details of all income/sales and/or expenses/purchases that a GST-registered taxpayer (every GSTIN) is required to file with the tax administrative authorities. This is used by tax authorities to calculate net tax liability. Under GST, a registered dealer has to file GST returns that broadly include: Purchases Sales Output GST (On sales) Input tax credit (GST paid on purchases) Who should file GST Returns? Under the GST regime, regular businesses having more than Rs.5 crore as annual aggregate turnover (and taxpayers who have not opted for the QRMP scheme) have to file two monthly returns and one annual return. This amounts to 25 returns each year. Taxpayers with a turnover of up to Rs.5 crore have the option to file returns under the QRMP scheme. The number of GSTR filings for QRMP filers is 9 each year, which include 4 GSTR-1 and GSTR-3B returns each and an annual return. Note that QRMP filers have to pay tax on a monthly basis even though they are filing returns quarterly. There are also separate statements/returns required to be filed in special cases such as composition dealers where the number of GSTR filings is 5 each year (4 statement-cum-challans in CMP-08 and 1 annual return GSTR-4). How many returns are there under GST? There are 13 returns under GST. They are the GSTR-1, GSTR-3B, GSTR-4, GSTR-5, GSTR-5A, GSTR-6, GSTR-7, GSTR-8, GSTR-9, GSTR-10, GSTR-11, CMP-08, and ITC-04. However, all returns do not apply to all taxpayers. Taxpayers file returns based on the type of taxpayer/type of registration obtained. Eligible taxpayers, i.e. with a turnover exceeding Rs.5 crore are also required to also file a self-certified reconciliation statement in Form GSTR-9C. Besides the GST returns that are required to be filed, there are statements of input tax credit available to taxpayers, namely GSTR-2A (dynamic) and GSTR-2B (static). There is also an Invoice Furnishing Facility (IFF) available to small taxpayers who are registered under the QRMP scheme to furnish their Business to Business (B2B) sales for the first two months of the quarter. These small taxpayers will still need to pay taxes on a monthly basis using Form PMT-06. Return Form Description Frequency Due Date GSTR-1 Details of outward supplies of taxable goods and/or services affected. Monthly 11th of the next month. Quarterly (If opted under the QRMP scheme) 13th of the month succeeding the quarter. IFF (Optional by taxpayers under the QRMP scheme) Details of B2B supplies of taxable goods and/or services affected. Monthly (for the first two months of the quarter) 13th of the next month. GSTR-3B Summary return of outward supplies and input tax credit claimed, along with payment of tax by the taxpayer. Monthly 20th of the next month. Quarterly (For taxpayers under the QRMP scheme) 22nd or 24th of the month succeeding the quarter*** CMP-08 Statement-cum-challan to make a tax payment by a taxpayer registered under the composition scheme under Section 10 of the CGST Act. Quarterly 18th of the month succeeding the quarter. GSTR-4 Return for a taxpayer registered under the composition scheme under Section 10 of the CGST Act. Annually 30th of the month succeeding a financial year upto FY 23-24.30th of June suceeding a financial year upto FY 24-25. GSTR-5 Return to be filed by a non-resident taxable person. Monthly 20th of the next month. (Amended to 13th by Budget 2022; yet to be notified by CBIC.) GSTR-5A Return to be filed by non-resident OIDAR service providers. Monthly 20th of the next month. GSTR-6 Return for an input service distributor to distribute the eligible input tax credit to its branches. Monthly 13th of the next month. GSTR-7 Return to be filed by registered persons deducting tax at source (TDS). Monthly 10th of the next month. GSTR-8 Return to be filed by e-commerce operators containing details of supplies effected and the amount of tax collected at source by them. Monthly 10th of the next month. GSTR-9 Annual return by a regular taxpayer. Annually 31st December of the next financial year. GSTR-9C Self-certified reconciliation statement. Annually 31st December of the next financial year. GSTR-10 Final return to be filed by a taxpayer whose GST registration is cancelled. Once, when the GST registration is cancelled or surrendered. Within three months of the date of cancellation or date of cancellation order, whichever is later. GSTR-11 Details of inward supplies to be furnished by a person having UIN and claiming a refund Monthly 28th of the month following the month for which statement is filed. ITC-04 Statement to be filed by a principal/job-worker about details of goods sent to/received from a job-worker Annually (for AATO up to Rs.5 crore) Half-yearly (for AATO > Rs.5 crore) 25th April where AATO is up to Rs.5 crore. 25th October and 25th April where AATO exceeds Rs.5 crore. (AATO = Annual aggregate turnover) Late filing of GST returns Late filing of GST returns can have serious consequences, including financial penalties and interest charges. It is essential for businesses to adhere to the prescribed due dates to avoid these adverse effects. Here are some key points to understand about late filing of GST returns: Mandatory Return Filing Under the Goods and Services Tax (GST) regime, return filing is mandatory, even if there are no transactions to report. This means that all registered taxpayers must file GST returns regularly, as specified by the government. Cascading Effect of Late Filing Late filing of GST returns can have a cascading effect. You cannot file the return for the current period if the return for the previous month or quarter has not been filed. This can result
GST Return – Types of GST Returns Read More »
Definition In this Chapter, unless the context otherwise requires, “foreign award” means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India, made on or after the 11th day of October, 1960— (a) in pursuance of an agreement in writing for arbitration to which the Convention set forth in the First Schedule applies, and (b) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made may, by notification in the Official Gazette, declare to be territories to which the said Convention applies.
Section 44 – Arbitration And Conciliation Act, 1996 Read More »