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3. Facts apropos are that assessee, better known as JIPMER, is an organization which was declared as autonomous on 14th July, 2007 and prior to that functioning under the Ministry of Health and Family Welfare, Government of India. Assessee had two areas of activities, namely, running of hospital and running of medical college. For these purposes, it was necessary for the assessee to develop infrastructure including various buildings. In order to carry out the construction work and to ensure completion of its various projects, assessee had entered into an agreement with M/s HLL.

4.6.2 Project Payment to EPC developer based on the agreement to be executed between the EPC developer and HLL Life Care Ltd. The client shall make initial deposit with the consultant a sum equal to 10% of the approved project cost immediately after award of work to the Contractor. 4.6.3 The consultant shall make payments to the EPC Developer from the said deposit and adjustment bills will be submitted to JIPMER on 30 days cycle basis, which shall be reimbursed within 30 days of submission of same. 4.6.4 HLL will be submitting quarterly statement of Accounts within one month of incurring the expenditure for making payment to the contractor. 4.6.5 If any interest is earned on advance drawn from the JIPMER by HLL then that will be added towards the advance drawn from JIPMER." Description of services to be rendered by M/s HLL given at paper- book page 29, 30 and 31, forming a part of the agreement is reproduced hereunder:-

"Description of services to be provided by consultants HLL as an In House Consultant will undertake the following activities:-
(a) To provide consultancy for Equipping the Regional Cancer Centre at JIPMER, Puducherry, on turnkey basis at JIPMER, Puducherry.
(b) Preparation of eligibility criteria for bidders. 
   (c)    Preparation of bid documents.
   (d)    Finalizing bid procedures.
   (e)    Floating tenders.
   (f)    Interacting with prospective bidders and furnishing all the
(a) Failure on the part of M/s HLL to furnish to Director, JIPMER, Puduchery, the following documents/ information
(i) Evaluation reports of bids received. 
(ii)        Cost Analysis Report.
(iii)       Project schedule finalized with the selected bidder.
(iv)        Monthly and quarterly project progress report indicating the planned
activities, ongoing activities and completed activities during the period within 15 days of completion of the specified period.