assessee and Naihati Jute Mills Co. on the basis of such
unsigned MoU and, therefore, there is no obligation or liability on the part ... assessee all those amounts mentioned in the unsigned MoU
nor the assessee is entitled to claim from the company all those amounts mentioned
in that
Pathik Constructions, Mumbai vs Department Of Income Tax on 13 February, 2015
„ ,
IN THE INCOME
pleased to declare that the concluded
contract in terms of the unsigned MOU being Exhibit 'O' to the
Plaint, arrived at between ... specifically perform
the said concluded contract contained in terms of the unsigned MOU
being Exhibit 'O' to the Plaint and for the said
materialize. This was also evident from the fact that the document (MOU) was
unsigned and undated. Nirmal Daftary was also examined on oath ... same. The ld. AR would
emphasize on the document (MOU) being unsigned and undated, so that it represented
merely a proposed agreement, which
paid as
per the separate agreement in the form of MOU which is
unsigned by the parties to the MOU and also on the
ground
arbitration agreement
existed between the parties. According to the Respondent, the MoU stood
superseded by the assignment agreement dated 2nd June 2009 which
governed ... agreement " being unsigned does not take away
from the fact that the parties have been acting in furtherance of the MOU
with each other
wherein even where an MOU was found then too in view
of the denial of the parties to the MOU, it was held that ... assessee is far stronger in as much as no MOU is found but unsigned paper have
been found from the residential premises of former director
responsible for day to day affairs of the complainant.
(b) MOU has been unsigned and the accused made payment as per MOU
stake in business of
A2; an MoU was also negotiated and signed; the signed MoU was with
A1; at the time of such ... given
them as a gesture of trust; the signed MoU between A2 and A1 was
kept
Jindal Steel And Power Limited vs M/S. Sap India Pvt. Ltd. on 29 June
