Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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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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