https://www.taxtmi.com/caselaws?id=48519 A contractual clause allowing reimbursement of excise duty was confined to duty actually incurred, supported by proof of payment, and subject to the contract's certification requirements. An arbitral award granting the supplier a 10% excise duty component despite absence of challans or receipts, and despite the contract making the basic price firm and fixed, was inconsistent with the express bargain. Where an award grants recovery contrary to the contract and without proof of actual liability or payment, it is vulnerable to interference as patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996. The award was set aside. en-us Mon, 02 Feb 2009 00:00:00 +0530 Tue, 18 Nov 2014 17:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=48519 A contractual clause allowing reimbursement of excise duty was confined to duty actually incurred, supported by proof of payment, and subject to the contract's certification requirements. An arbitral award granting the supplier a 10% excise duty component despite absence of challans or receipts, and despite the contract making the basic price firm and fixed, was inconsistent with the express bargain. Where an award grants recovery contrary to the contract and without proof of actual liability or payment, it is vulnerable to interference as patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996. The award was set aside. Case-Laws Central Excise Mon, 02 Feb 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=48519