History has witnessed many cases of criminology all over the world. Crimes have been a part and parcel of history. It always poses a great threat to law enforcing agencies, which must be dealt effectively to get the desired results.
Maritsan Developments Limited Company purchased the land construction and development and resold the land for development and generation of revenue. It collaborated with Macintyre House Limited ("MHL") as MHL worked to identify potential vendors of land for Maritsan and provided consultancy services. MHL and Maritsan enetered into an agreement, which was signed on 15 June and 5 July 2005, to regulate their relationship with each other. The dispute between the two parties is due to the payment of VAT.
EXPLANATION
They had entered into an agreement, which had the discussed details. The agreement, which was entitled "Agreement ... Re: Introductory and Consultancy Fees", was so far as relevant in the following terms. Recital (A) explained Maritsan's business activities.
Regulations and Clauses
The agreement had following legal clauses and requirements, which are discussed as follows:
Clause 1 of the agreement contained definitions of the words used in the agreement. "'Acquisition Agreement' means a legally binding Agreement giving Maritsan the right to acquire land in Scotland from a potential Vendor;
'Finance Costs' means all sums of interest, charges or penalties due and payable on money borrowed to finance a Development Project or interest lost on funds used to finance Development Costs 'Net Profits' means the net sale proceeds received by Maritsan (under deduction of the Development Costs) in relation to a Site which has been a Development Project hereunder; 'Potential Vendor' means a person, organisation or corporate body introduced to Maritsan by MHL which party owns land in Scotland and in respect of which that party is both willing to contract with Maritsan by private negotiation and not contemporaneously with such negotiations take the property to the open market.
'Sale' means the onward disposal of a Site at arms length to a bona fide third party. 'Site' means land being the property of a Potential Vendor acquired by Maritsan with a view to development."
Clause 2 of the agreement was in the following terms:
2.1 MHL or Maritsan shall identify Development Projects which they shall make available to Maritsan.
2.3 MHL shall provide consultancy services as reasonably required by Maritsan and such services shall in particular relate to the planning process generally. MHL shall make such services available to Maritsan in relation to Development Projects which they introduce." Clause 3, which was headed "Fees", provided for payments by Maritsan to MHL: Clause 4 regulated the payment of VAT and taxes as follows:
Any taxes to be borne in respect of sums received by the parties to this Agreement shall be borne by the recipient who shall indemnify the other party in respect of any such liability." Moreover Clause 9.2 stated: "Termination of this Agreement will not affect Maritsan's obligation to make payment to MHL of sums due in respect of Sites already being progressed nor MHL's obligation to carry out consultancy ...