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Arbitral Tribunal's award of tax component upheld despite contract being inclusive of tax. Award can be set aside u/s 34(2-A) only where illegality goes to root of matter, not for erroneous application of law or re-appreciation of evidence. Award can be set aside if Tribunal decides beyond contract, finding based on no evidence, or perverse interpretation of contract. Facts indicate total contract value inclusive of expenses was Rs. 21,74,95,091, petitioner paid Rs. 6,94,36,884, respondent claimed balance Rs. 14,80,58,207. Tribunal allowed Rs. 11,19,22,870 to respondent, rejecting petitioner's counter-claim. Tribunal's award not perverse or patently illegal, hence petition dismissed.
Arbitral Tribunal's award of tax component upheld despite contract being inclusive of tax. Award can be set aside u/s 34(2-A) only where illegality goes to root of matter, not for erroneous application of law or re-appreciation of evidence. Award can be set aside if Tribunal decides beyond contract, finding based on no evidence, or perverse interpretation of contract. Facts indicate total contract value inclusive of expenses was Rs. 21,74,95,091, petitioner paid Rs. 6,94,36,884, respondent claimed balance Rs. 14,80,58,207. Tribunal allowed Rs. 11,19,22,870 to respondent, rejecting petitioner's counter-claim. Tribunal's award not perverse or patently illegal, hence petition dismissed.
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TaxTMI 
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