Only lawyers can argue substantial questions of law

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Ruling in Madras Bar Association v Union of India and another, a constitutional bench of the Supreme Court recently held that key sections of the National Tax Tribunal Act, 2005, encroach on the exclusive domain of the superior courts and thus are “illegal and unconstitutional”. The court said this rendered the remaining provisions of the act, which provides for the establishment of a National Tax Tribunal (NTT), “otiose and worthless” and as a result the five-judge bench set aside the entire act.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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