Consultancy fees claimed as business expense-can tax disallowance rest on survey suspicion despite invoices, contracts and bank trail? Appeal dismisse...
Liquidated damages for delay in a publicinterest infrastructure project attract a publicutility exception requiring the breaching party to prove absence of loss; consequence: reasonable compensation under the contract clause must be allowed. A Section 34 modification that applied the contract Clause to increase reasonable compensation was a valid exercise confined to jurisdictional limits; outcome: that modification was upheld. The appellate forum exceeded its scope by recalculating compensation rather than testing for jurisdictional error or perversity; consequence: the Division Bench's modification was set aside and the Single Judge's award restored, with one appeal allowed and the other dismissed.
Liquidated damages for delay in a publicinterest infrastructure project attract a publicutility exception requiring the breaching party to prove absence of loss; consequence: reasonable compensation under the contract clause must be allowed. A Section 34 modification that applied the contract Clause to increase reasonable compensation was a valid exercise confined to jurisdictional limits; outcome: that modification was upheld. The appellate forum exceeded its scope by recalculating compensation rather than testing for jurisdictional error or perversity; consequence: the Division Bench's modification was set aside and the Single Judge's award restored, with one appeal allowed and the other dismissed.
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