Discussion and Findings Sample Clauses

Discussion and Findings. 7.1. We have gone through the application and the submissions of the applicant during the personal hearing. The questions to be answered are regarding the rate of tax and taxable value in respect of the construction services of the apartments rendered by them from 01.07.2017; the date of introduction of GST onwards. The practice followed by the applicant is that they purchase the land in their name and obtain a building permit in their name and enter into two agreements with the customers; one for the sale of an undivided share of land and another for the construction of the apartment. Since the amount for the undivided share of land and the amount for construction are fixed and separately available, they are not collecting and paying GST on the amount collected for the undivided share of land and they are collecting GST at the rate of 18% on the amount collected for the construction of the apartment.
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Discussion and Findings. [24] In considering the issues involved in the case at hand, I do agree, and counsel for Alliance has also conceded, that this is a case that would be appropriate for the determination of the preliminary issue concerning the construction of the guarantee. That enquiry would not lend itself to any dispute as to facts or issues as to credibility that would warrant further investigation at trial. Therefore, it is left to be seen in the final analysis whether this is a case that is fit for judgment to be entered upon a proper construction of the guarantee. I will now proceed to deal with the issues that have arisen in relation to the guarantee. The Guarantee: wording, characteristics, meaning and effect [25] C&WJ’s primary view on Alliance’s stance in refusing to pay the sum demanded is that the refusal constitutes a breach of the guarantee of 30 June 2009. C&WJ’s position is that the “purported objections” raised by Alliance, as its reasons for failing to pay the sums due and owing, constitute cavil or argument and require C&WJ to prove grounds which are expressly excluded from the terms of its own guarantee. Alliance, on the other hand, has denied in its defence that it had undertaken to pay sums due by Reliant to C&WJ without the need for C&WJ to prove or show grounds and that it is liable to pay all sums due and owing without proof, justification or condition. In the light of all this, I have seen it necessary to first examine closely the wording of the guarantee. [26] Having done so, I form the view that in the first paragraph of the letter issued by Alliance, there is what may be loosely described as being more like a ‘preamble’ to the guarantee itself. The words stated in that paragraph are not in the form or nature of an undertaking. It does no more than to show Alliance’s recognition and acceptance of the fact that one of C&WJ’s stipulations in the Interconnection Agreement with Reliant was for Reliant to provide a guarantor for its obligations connected with the agreement. It also points to Alliance indicating that it was pursuant to that stipulation of clause 28.1 that it was giving the undertaking contained in the second paragraph of the letter. It shows, in essence, the recognition by Alliance of the reason for and purpose of the guarantee being given. [27] The terms of the undertaking or guarantee that was given in furtherance of clause 28.1, is, as far as I see it, contained in the second paragraph of the letter. In that paragraph Alliance, in m...
Discussion and Findings. 23 A. Breach of Contract 24 As to the breach of contract claims, Xxxxxxx concedes that he failed to make all the changes
Discussion and Findings. 23. As is seen by the grounds of appeal Xx. Xxxxxxx had numerous complaints relative to the learned judge’s judgment and made many submissions as to findings which he says the learned judge should have made and others which she should not have made. He contended that this court has the ability to set aside those findings which he says were based on errors of facts and law. This jurisdiction he submitted is grounded in Rule 10
Discussion and Findings. We have carefully gone through the case details submitted by the party along with annexures and the relevant legal provisions required to answer the questions raised by the applicant. The question which had been posed by the applicant in Sr. No. 14 of Form GST ARA-01, in the context of activity of sale/purchase of Cotton by the applicant, was: "To determine the applicability of GST on the differential payment received by a party to the aforesaid contract from the other party to the contract is (in) event of "settlement", "washout" or "closure" of contract by it. "
Discussion and Findings. 153.The court is of the view that the award on this case should be one on the upper end of similar awards for general damages. In particular, the finds that the pain and suffering would have been tremendous owing to the location of the xxxxx on both hands and face. This of course would have more likely than not affected his ability to sleep on his side and chew. The xxxxx to both hands would have been particularly inconvenient as he would have been deprived of the use of the hands. It is his evidence that at the time of the incident he was in serious pain as he felt like his entire body was on fire, while conscious. At the hospital, his hands were completely covered in bandages and on several days his entire body would have to be covered with rags soaked in ice for several minutes. That to him was of extreme discomfort. In addition to the pain on the face, there was also swelling for two (2) months. The lasting effects are scars on his hands and face and lack of full range of motion in his hands. He is unable to carry things for a long time and his hands become red and burn/xxxxxx or itch.
Discussion and Findings. The Board, after careful review of the record in this matter, including the Petition, the Agreement, and supporting exhibits, pursuant to N.J.S.A. 40A:11-15(1)(c), XXXXXX FINDS the Agreement will have a financial impact that is consistent with the purposes of N.J.S.A. 40A:11-15(1)(c). Accordingly, the Board HEREBY APPROVES the attached Agreement effective June 1, 2023. A copy of the Agreement is attached to this Order. BPU DOCKET NO. EO23020098 Agenda Date: 5/24/23 Agenda Item: 2H MERCER COUNTY IMPROVEMENT AUTHORITY (THE “AUTHORITY”) ENERGY SERVICES AGREEMENT BY AND BETWEEN THE AUTHORITY AND VICINITY ENERGY TRENTON L.P. (THE “AGREEMENT”) APPLICATION FOR APPROVAL OF AGREEMENT PURSUANT TO N.J.S.A. 40A:11-15(1)(C) BPU DOCKET NO. EO23020098 SERVICE LIST Board of Public Utilities 00 Xxxxx Xxxxxxx Xxxxxx, 0xx Floor P.O. Box 350 Trenton, NJ 08625-0350 Xxxxxx X. Xxxxxx, Secretary xxxxx.xxxxxxxxx@xxx.xx.xxx Xxxxx Xxxxxxxx, Deputy Executive Director xxxxx.xxxxxxxx@xxx.xx.xxx Division of Water & Energy Xxxx Xxxxxx xxxx.xxxxxx@xxx.xx.xxx Xxxxxx Xxxxxxxx xxxxxx.xxxxxxxx@xxx.xx.xxx Xxxxxxx Xxxxxxx xxxxxxx.xxxxxxx@xxx.xx.xxx Office of General Counsel Xxxxxxx Xxxx, General Counsel xxxxxxx.xxxx@xxx.xx.xxx Xxxxx Xxxxxx, Deputy General Counsel xxxxx.xxxxxx@xxx.xx.xxx Xxxxxxx Xxxxxx, Regulatory Officer xxxxxxx.xxxxxx@xxx.xx.xxx New Jersey Division of Rate Counsel 000 Xxxx Xxxxx Xxxxxx, 0xx Floor Post Office Xxx 000 Xxxxxxx, XX 00000-0003 Xxxxx X. Xxxxxx, Esq., Director xxxxxxx@xxx.xx.xxx Xxxxx Xxxx, Managing Attorney xxxxx@xxx.xx.xxx New Jersey Division of Law NJ Department of Law and Public Safety Xxxxxxx X. Xxxxxx Justice Complex Public Utilities Section 00 Xxxxxx Xxxxxx, X.X. Box 112 Trenton, NJ 08625 Xxxxxx Xxxx, ASC, DAG xxxxxx.xxxx@xxx.xxxxx.xxx Xxxxx Xxxxxx, DAG xxxxx.xxxxxx@xxx.xxxxx.xxx Xxxxxx Xxxxxxxxxx, DAG xxxxxx.xxxxxxxxxx@xxx.xxxxx.xxx Xxxxx Xxxxx, DAG xxxxx.xxxxx@xxx.xxxxx.xxx Mercer County Improvement Authority 00 Xxxxxxxx Xxx 2nd Floor Trenton, NJ 08611 Xxxxx Xxxxxxx xxxxxxxx@xxxxxx.xxx DeCotiis, Xxxxxxxxxxx, Xxxx & Xxxxxx, LLP 00 Xxxxxxx Xxxx Xxxxx 000 Xxxxxxx, XX 00000 Xxxx Xxxxxx, Esq. xxxxxxx@xxxxxxxxxxx.xxx Vicinity Energy 000 X Xxxxxx Xxxxxx Trenton, NJ 08608 Xxxxxxx Xxxxx xxxxxxx.xxxxx@xxxxxxxxxxxxxx.xx
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Discussion and Findings. We have examined the issues raised in the application. The taxability and the applicable rate of tax for the goods and services supplied or to be supplied, as governed under the provisions of respective GST Acts are examined. The applicant is providing the following supplies to the GVSCCL:
Discussion and Findings 

Related to Discussion and Findings

  • Audit Findings Vendor shall implement any required safeguards as identified by Citizens or by any audit of Vendor’s privacy and security controls.

  • Mutual Discussions The Employer and the Union acknowledge the mutual benefits to be derived from dialogue between the parties and are prepared to discuss matters of common interest.

  • Information and Publicity 1. The LP undertakes to fulfil the information and publicity measures set out in Commission Regulation (EC) No. 1303/2013, and in the information and publicity guidelines included the Implementation Manual, the Visual Identity Manual for projects and the Communication toolkit of the Danube Transnational Programme with the aim to promote the fact that financing is provided from the European Union Funds in the framework of the Danube Transnational Programme and to ensure the adequate promotion of the project.

  • Notification and Public Notice If either party desires to alter or amend this Agreement, it shall, not less than one hundred and twenty (120) days prior to the termination date set forth under the Duration Article, provide written notice and a proposal to the other party of said desire and the nature of the amendments, and cause the public notice provisions of law to be fulfilled.

  • Company Representations (a) The Company is a corporation duly organized, validly existing and in good standing under the laws of the state of its incorporation, and has the power and authority to own, lease and operate its properties and carry on its business as now conducted.

  • Evaluation of Proposals 29.1 UNDP shall examine the Proposal to confirm that all terms and conditions under the UNDP General Terms and Conditions and Special Conditions have been accepted by the Proposer without any deviation or reservation.

  • PUBLICATION AND PUBLICITY The CONSULTANT agrees that it shall not for any reason whatsoever communicate to any third party in any manner whatsoever concerning any of its CONTRACT work product, its conduct under the CONTRACT, the results or data gathered or processed under this CONTRACT, which includes, but is not limited to, reports, computer information and access, drawings, studies, notes, maps and other data prepared by and for the CONSULTANT under the terms of this CONTRACT, without prior written approval from the COMMISSION, unless such release or disclosure is required by judicial proceeding. The CONSULTANT agrees that it shall immediately refer any third party who requests such information to the COMMISSION and shall also report to the COMMISSION any such third party inquiry. This Article shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the CONSULTANT from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the CONSULTANT to defend itself from any suit or claim. All approved releases of information, findings, and recommendations shall include a disclaimer provision and all published reports shall include that disclaimer on the cover and title page in the following form: The opinions, findings, and conclusions in this publication are those of the author(s) and not necessarily those of the Mississippi Department of Transportation, Mississippi Transportation Commission, the State of Mississippi or the Federal Highway Administration.

  • Conclusion and Recommendations D. Evaluations for Offenders without a sex offense conviction shall answer the following additional referral questions in the evaluations:

  • EVALUATION AND MONITORING The ORGANIZATION agrees to maintain books, records and other documents and evidence, and to use accounting procedures and practices that sufficiently and properly support the complete performance of and the full compliance with this Agreement. The ORGANIZATION will retain these supporting books, records, documents and other materials for at least three (3) calendar years following the year in which the Agreement expires. The COUNTY and/or the State Auditor and any of their representatives shall have full and complete access to these books, records and other documents and evidence retained by the ORGANIZATION respecting all matters covered in and under this Agreement, and shall have the right to examine such during normal business hours as often as the COUNTY and/or the State Auditor may deem necessary. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, and records of matters covered by this Agreement. These access and examination rights shall last for three calendar years following the year in which the Agreement expires. The COUNTY intends without guarantee for its agents to use reasonable security procedures and protections to assure that related records and documents provided by the ORGANIZATION are not erroneously disclosed to third parties. The COUNTY will, however, disclose or make this material available to those authorized by/in the above paragraph or permitted under the provisions of Chapter 42.56 RCW without notice to the ORGANIZATION. The ORGANIZATION shall cooperate with and freely participate in any other monitoring or evaluation activities pertinent to this Agreement that the COUNTY finds needing to be conducted.

  • CONFIDENTIALITY AND ANNOUNCEMENTS 13.1 Each of the parties undertakes to the others that it will not, at any time after the date of this Agreement, divulge or communicate to any person other than to its professional advisers, or when required by law or any rule of any relevant stock exchange body or regulatory authorities, or to its respective officers or employees whose province is to know the same any confidential information concerning the business, accounts, finance or contractual arrangements or other dealings, transactions or affairs of any of the others which may be within or may come to its knowledge and it shall use its best endeavours to prevent the publication or disclosure of any such confidential information concerning such matters.

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