https://www.taxtmi.com/caselaws?id=416846 Compensation under a take-or-pay clause could not be sustained without pleading or proving loss, because Section 74 of the Indian Contract Act requires a legally sustainable basis for reasonable compensation, and no material showed loss from non-supply of ethanol; the damages award was set aside. Reimbursement of sales tax was also unsustainable since the liability had not finally crystallized and the demand was later set aside, so the consequential relief could not survive. The arbitral tribunal's refusal to permit a highly belated amendment of the counterclaim was upheld, as Section 23(3) of the Arbitration and Conciliation Act allows rejection where delay makes the request inappropriate. en-us Thu, 06 Jan 2022 00:00:00 +0530 Mon, 10 Jan 2022 10:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416846 Compensation under a take-or-pay clause could not be sustained without pleading or proving loss, because Section 74 of the Indian Contract Act requires a legally sustainable basis for reasonable compensation, and no material showed loss from non-supply of ethanol; the damages award was set aside. Reimbursement of sales tax was also unsustainable since the liability had not finally crystallized and the demand was later set aside, so the consequential relief could not survive. The arbitral tribunal's refusal to permit a highly belated amendment of the counterclaim was upheld, as Section 23(3) of the Arbitration and Conciliation Act allows rejection where delay makes the request inappropriate. Case-Laws VAT and Sales Tax Thu, 06 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416846