Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
The court dismissed the appeal against the arbitrator's decision not to levy liquidated damages due to the failure to plead and demonstrate legal injury. The court held that liquidated damages are no different from unliquidated damages, and in both cases, the aggrieved party must demonstrate legal injury. Liquidated damages represent the maximum amount payable, but u/s 74 of the Contract Act, reasonable compensation must be paid. Since there were no pleadings regarding the imposition of liquidated damages, no leave could be granted at the second stage of scrutiny. The appeal was dismissed, and costs were quantified at Rs. 20,000/-.
The court dismissed the appeal against the arbitrator's decision not to levy liquidated damages due to the failure to plead and demonstrate legal injury. The court held that liquidated damages are no different from unliquidated damages, and in both cases, the aggrieved party must demonstrate legal injury. Liquidated damages represent the maximum amount payable, but u/s 74 of the Contract Act, reasonable compensation must be paid. Since there were no pleadings regarding the imposition of liquidated damages, no leave could be granted at the second stage of scrutiny. The appeal was dismissed, and costs were quantified at Rs. 20,000/-.
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