furtherance of the
execution of this contract, the Appellant entered into two subcontracts
(hereinafter, “the subcontracts”) with the Respondent herein, in respect of
two Packages ... Respondent completed approximately 67 per cent of the work under
the two subcontracts but thereafter ceased work on both. The Appellant
cancelled the subcontracts
November 19, 1987. Then the first defendant in turn entered into two subcontracts, one with the plaintiff and the other with ... Limited. The subcontract with the plaintiff is dated December 15, 1987. The value of the subcontract is Rs. 22.63,84,400.00 . The description
view of non-adherence of conditions
of contract by them i.e. subcontracting of work without obtaining prior
approval of NHAI on an ongoing contract ... wherein this
question of prior approval of NHAI for subcontracting of the work was raised
along with the dissatisfaction over the progress of the work
Laxmi Narain Agarwal, Jaipur vs Acit, Central Circle-3, Jaipur on 23 March, 2018
vk
claimant before the learned Arbitral Tribunal, relied
on Clause 29 of the Subcontract Agreement between the petitioner and
the respondent, which contemplated resolution of disputes ... read thus:
"29 APPLICABLE LAW - SETTLEMENT OF DISPUTES
29.1 This Subcontract Agreement shall be governed by the
laws of [India] with courts at [Delhi
Speaking to Minutes Order
3 wpl-2843-10.sxw
(iii ) not subcontract more than 50% of the Works measured in
terms of value to foreign ... than 50% of the work measured in terms of value
has been subcontracted to foreign contractors. The certificate submitted by
the Chartered Accountants
caption
APPLICABLE LAW - SETTLEMENT OF DISPUTES reads as under:-
"29.1 This Subcontract Agreement shall be governed by
the laws of (India) with courts ... arising
during the execution or after the completion or
abandonment of the Subcontract Works or after the
determination of the employment of the Subcontractor
under
year,
the assessee has rendered the services under the
Page |3
subcontract with HHI and VMGL in connection
with prospecting for extraction or production ... paper book wherein it has
been stated that the subcontract has been entered
into with effect from 15/09/2004. He further
referred to page
FNETS has to provide maintenance services for these
equipments. These services are subcontracted to FIL, which has
further subcontracted these services to third parties, with ... support for this project. FJ performed the work of equipment
supplies and subcontracted the installation and commissioning
services part of the contract to FNETS. FNETS
said contract. The work was assigned
work and not subcontracted or sublet by the assessee.
5. The A.O. also observed that a contract ... return of income showed income
on this count as subcontract income from DR, i.e. the appellant.
Regarding appellant's contention for assignment
