International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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Arbitrator exceeded contractual scope by creating a non-existent clause to deduct shortfall in Minimum Guaranteed CENVAT Credit (MGCC) from invoices; the correct legal principle is that arbitrators must decide within the four corners of the contract and cannot add terms. The arbitrator wrongly treated the tax component as excluded from MGCC and failed to apply clause 14.5.2 correctly, which only denies reimbursement if documents to avail CENVAT are not produced. Because the arbitrator ventured beyond contractual terms and committed patent illegality, the arbitral award was set aside.
Arbitrator exceeded contractual scope by creating a non-existent clause to deduct shortfall in Minimum Guaranteed CENVAT Credit (MGCC) from invoices; the correct legal principle is that arbitrators must decide within the four corners of the contract and cannot add terms. The arbitrator wrongly treated the tax component as excluded from MGCC and failed to apply clause 14.5.2 correctly, which only denies reimbursement if documents to avail CENVAT are not produced. Because the arbitrator ventured beyond contractual terms and committed patent illegality, the arbitral award was set aside.
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