Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Arbitral awards on prolongation costs, GST reimbursement, minimum-wage escalation, Environmental Compensation Charges and taxes were upheld under Section 34 because the tribunal had adopted a plausible view on the contract, delay attribution and quantification of damages. The court treated the prolongation-cost methodology as a permissible estimate based on record and industry practice, and refused re-appreciation of evidence. It also sustained reimbursement for GST introduced during the extended period, held that a minimum-wage escalation bar could not defeat compensation for employer-caused delay, and accepted ECC as an additional charge not clearly barred by the exclusion clause. The majority award was treated as binding, and no patent illegality or perversity was shown.
Arbitral awards on prolongation costs, GST reimbursement, minimum-wage escalation, Environmental Compensation Charges and taxes were upheld under Section 34 because the tribunal had adopted a plausible view on the contract, delay attribution and quantification of damages. The court treated the prolongation-cost methodology as a permissible estimate based on record and industry practice, and refused re-appreciation of evidence. It also sustained reimbursement for GST introduced during the extended period, held that a minimum-wage escalation bar could not defeat compensation for employer-caused delay, and accepted ECC as an additional charge not clearly barred by the exclusion clause. The majority award was treated as binding, and no patent illegality or perversity was shown.
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