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The GIFT City Guide

Disputes and interpretation

Disputes involving IFSC entities arise with regulators, tax authorities, counterparties and investors. Each has its own forum.

In this section

Forums, IFSCA enforcement, challenging regulatory action, arbitration, tax disputes.

Detailed guides

Guides in this section

Where IFSC disputes are decided

Where IFSC disputes are decided depends on the dispute: IFSCA adjudication and appeal for regulatory matters; income-tax authorities, the ITAT and High Court for tax; arbitral tribunals or courts for contracts; NCLT for corporate and insolvency matters; the High Court of Gujarat for writs.

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IFSCA enforcement and adjudication

IFSCA enforcement typically runs from inspection or complaint to show-cause notice, reply, hearing and order, with appeal under the IFSCA Act.

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Challenging regulatory action in court

Regulatory action can be challenged by statutory appeal and, in appropriate cases, by writ petition before the High Court. Which court has jurisdiction is a question of law in each case.

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Arbitration for IFSC contracts

Arbitration is the usual dispute route for IFSC commercial contracts. Parties choose the seat, rules and institution; Indian-seated arbitrations follow the Arbitration and Conciliation Act, 1996.

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Tax disputes involving IFSC units

Tax disputes for IFSC units often concern eligibility for the deduction, the scope of eligible income, transfer pricing and withholding.

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IFSCA enforcement orders

A summary of IFSCA enforcement orders, arranged by issue.

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Open interpretive questions

Points of IFSC law that are not settled, stated as questions with the authorities on each side.

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