https://www.taxtmi.com/caselaws?id=2261 An express clause in the concluded supply order required any Modvat credit availed on the excise duty element in the base paper to be passed on to the security press. The contractor accepted and performed the order despite protesting the stipulation, so the binding terms of the completed contract prevailed over earlier tender conditions. The arbitrator's reliance on the absence of such a clause in the tender notice, and the conclusion that the credit belonged to the contractor, was inconsistent with the contract and could not stand. The sub silentio argument was rejected because the Modvat clause had been specifically raised and disputed by both sides. en-us Fri, 12 Oct 2007 00:00:00 +0530 Tue, 15 Apr 2008 17:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=2261 An express clause in the concluded supply order required any Modvat credit availed on the excise duty element in the base paper to be passed on to the security press. The contractor accepted and performed the order despite protesting the stipulation, so the binding terms of the completed contract prevailed over earlier tender conditions. The arbitrator's reliance on the absence of such a clause in the tender notice, and the conclusion that the credit belonged to the contractor, was inconsistent with the contract and could not stand. The sub silentio argument was rejected because the Modvat clause had been specifically raised and disputed by both sides. Case-Laws Customs Fri, 12 Oct 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=2261