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Supreme Court of India · 2017-08-03

HYUNDAI CORPORATION vs OIL AND NATURAL GAS CORP. LTD.

Citation / case number
SC 2006/12508
Court
Supreme Court of India
Petitioner
HYUNDAI CORPORATION
Respondent
OIL AND NATURAL GAS CORP. LTD.
Author
R.F. NARIMAN
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the applicability of Clause 17.3 of the contract in light of the introduction of Section 44BB of the Income Tax Act, 1961, which imposed tax liabilities on non-resident contractors engaged in oil exploration. The Court held that the change in law, specifically the retrospective effect of Section 44BB, entitled the appellant to indemnification for increased costs incurred due to the new tax obligations. The ruling clarified that the indemnity clause was triggered by legislative changes affecting the contractor's financial responsibilities, thus upholding the appellant's claim for relief under the contract.

HYUNDAI CORPORATION vs OIL AND NATURAL GAS CORP. LTD. · Niyam