M/S Sumitomo Corporation, New Delhi vs Dcit (International Taxation), New ... on 1 July, 2019
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
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
which were disallowed by Commission, are directly traceable
to the EPC Contract with NECL and the chain of correspondence arising
therefrom. It was submitted that ... basis of audited accounts, without
relying on or producing the EPC Contract or related correspondence.
10. On merits, PSPCL submitted that the documents are narrative
related;
(vii) MEGPTCL had entered into a contract with PMC on a Turn
Key / EPC contract basis and, therefore, the assessable
value of the individual ... EPC contract as claimed, there is nothing in the
contract between PMC and EIF to suggest that it was an
EPC contract;
(ii) The finding
contract in terms of
Clause 25.4 of the General Conditions of contract. Further, as
per Clause 2.1 read with Clause 2.3 of the EPC Contract ... services under the EPC Contract were supplied within the
Scheduled Completion/Delivery date as per Clause 3.0 of the
EPC Contract. The benefit of unit
supply of 260 MW from the Station.
f) The Appellant awarded EPC Contract to SEPCO (Chinese
Company) on 28.8.2008. Notice to Proceed (NTP) was issued ... under the main Project Area. This delay
was concurrent with the EPC contract related delays;
iii. Delay in the acquisition of land required for railway
company has been awarded the
contract on turnkey basis as per the clause 4.1(E) of the
EPC Contract and, therefore, the entire cost ... they
also referred clause of Contract Value for Construction work as
contained in the Appendix 1 of the EPC contract. As per the
POHL, even