Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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HC held that a contractor cannot claim GST payment beyond rates quoted in government contracts where tender explicitly states "rates inclusive of GST & other taxes." The court dismissed petitions challenging this interpretation, emphasizing that allowing additional GST claims would undermine tender process integrity. Using an illustrative example, if a contractor quotes Rs. 100 with GST-inclusive terms, they cannot later demand Rs. 118 (additional 18% GST), as other bidders might have quoted higher base rates (e.g., Rs. 105) accounting for inclusive GST. The court found circulars cited by petitioner pertained to estimate preparation, not final tendering, and were inapplicable where agreements explicitly specified GST-inclusive rates. Petitions dismissed in limine.
HC held that a contractor cannot claim GST payment beyond rates quoted in government contracts where tender explicitly states "rates inclusive of GST & other taxes." The court dismissed petitions challenging this interpretation, emphasizing that allowing additional GST claims would undermine tender process integrity. Using an illustrative example, if a contractor quotes Rs. 100 with GST-inclusive terms, they cannot later demand Rs. 118 (additional 18% GST), as other bidders might have quoted higher base rates (e.g., Rs. 105) accounting for inclusive GST. The court found circulars cited by petitioner pertained to estimate preparation, not final tendering, and were inapplicable where agreements explicitly specified GST-inclusive rates. Petitions dismissed in limine.
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