Harendra H. Mehta & Or vs Mukesh H. Mehta & Ors.

Authority: Supreme Court Date: 1999-05-13 Section: 269UA(a), 269UA(f), 269UC Acts: Foreign Awards (Recognition and Enforcement) Act, 1961; Income Tax Act, 1961 (Chapter XX-C); Foreign Exchange Regulation Act, 1973; Constitution of India (Article 134A, Article 134(1)(c)) Result: Assessee Citation: (1999) 156 CTR (SC) 201 : (1999) 238 ITR 158 (SC) : (1999) 106 TAXMAN 1 (SC) Justices: D.P. Wadhwa & N. Santosh Hegde, JJ. Appeal No: Civil Appeal No. 4006 of 1995
Whether an arbitration award arising from division of family businesses and properties between brothers, with assets in India and USA, qualifies as a 'foreign award' under the Foreign Awards (Recognition and Enforcement) Act, 1961 for enforcement in India --- Held Yes; Whether enforcement of such award would violate Chapter XX-C of the Income Tax Act, 1961 or be against public policy --- Held No

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