Contractual arbitration scope excludes GST reimbursement claims, requiring writ petitions to receive merits consideration despite an arbitration agreement.

Contractual arbitration scope excludes GST reimbursement claims, requiring writ petitions to receive merits consideration despite an arbitration agreement.Case-LawsGSTContractual GST reimbursement claims under Clause 2.14.A were treated as outside the …

Contractual arbitration scope excludes GST reimbursement claims, requiring writ petitions to receive merits consideration despite an arbitration agreement.
Case-Laws
GST
Contractual GST reimbursement claims under Clause 2.14.A were treated as outside the scope of the arbitration clause. Availability of an arbitration agreement therefore did not justify refusing to entertain a writ petition seeking refund of the GST element. Competing interpretations of the contractual tax-reimbursement clause, together with all questions of law and fact concerning entitlement, remained open for merits determination. The High Court's dismissal orders were set aside, and the writ and review petitions were restored for adjudication in accordance with law.
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