Company. The said
Engineering, Procurement and Construction
contract, hereinafter referred to as the `EPC'
contract, envisaged the completion of the
infrastructural facilities within ... performing its part of the contract.
There is substance in Mr. Raghavan's submissions
that the EPC Contract given to the Respondent
M/S Sumitomo Corporation, New Delhi vs Dcit (International Taxation), New ... on 1 July, 2019
respondent-
NHPC, inviting tenders for "Engineering Procurement Construction
(EPC) Contract for 10 MW capacity Floating Solar Power Project at
West Kallada in the State ... concluded contract.
(vii) Under Section 7 of the Indian Contract Act, 1972
(hereinafter referred to as "the Contract Act "), absolute and
unqualified acceptance
Delay Damages' in EPC contract and submitted that
liquidated damages in the EPC contract have been specified to
compensate loss in earning ... have been at the centre of the contract."
7.9 We have noticed that the full EPC contract agreement has not been
produced before
appeal. He has submitted
as under:-
(i) Clause 26 of the EPC Contract mandatorily required the
parties to attempt to amicably settle the Disputes (identified ... bypass the contractually agreed mechanism under Clause
26 of the EPC Contract.
(iv) Section 23(2A) of the Act does not permit a counter claim
held that the terms and conditions
for contracts of generating company for equipment suppliers
and EPC contracts need not be regulated by the State
Commission ... clearly demonstrated by
specifications adopted by LITL under EPC contract dated
24.12.2006 and awarded EPC contract for 2x600 MW.
(L) CPRI report was introduced
supply of the materials by AKSH under the EPC Contract. If the EPC Contract was given to any other contractor, the Company would have filed ... aside the third party contract. AKSH has no capacity to execute the contract and therefore, the EPC Contract may be terminated by resorting to Clause
shifted to GIL under the EPC and O & M contracts. Further, he
submitted, the pricing of the EPC contract with ... EPC and O & M contracts have remained same. In fact, in the
impugned assessment order, the Assessing Officer has examined the
EPC contract, however
under the NCCL-EPC contracts, and the co-ordination
agreement, for failure to complete the works under NCCL-EPC
contracts, and for failure to achieve ... achieve provisional acceptance under the EPC contracts;
and exercise of such a right, under the EPC contracts, cannot be
termed a fraud.
The 1st respondent
Whether Applicant himself shall be executing the scope related to an EPC Contract : (ix) In case Applicant proposes to employ some : EPC contractor or other
