https://www.taxtmi.com/caselaws?id=395234 Where a contract fixed an all-inclusive rate and expressly included service tax, labour cess and other components, the respondent could not unilaterally reduce the agreed consideration on the premise that service tax was later found not payable. The Court held that an internal audit objection could not override the contract, and the withholding of amounts deducted from the bills was illegal. It further held that writ relief was maintainable because the dispute turned on admitted contractual terms and the retention of money was without authority of law; the availability of a civil suit did not bar relief under Article 226. The pending amounts were directed to be released. en-us Tue, 12 May 2020 00:00:00 +0530 Tue, 03 Nov 2020 18:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=395234 Where a contract fixed an all-inclusive rate and expressly included service tax, labour cess and other components, the respondent could not unilaterally reduce the agreed consideration on the premise that service tax was later found not payable. The Court held that an internal audit objection could not override the contract, and the withholding of amounts deducted from the bills was illegal. It further held that writ relief was maintainable because the dispute turned on admitted contractual terms and the retention of money was without authority of law; the availability of a civil suit did not bar relief under Article 226. The pending amounts were directed to be released. Case-Laws Service Tax Tue, 12 May 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=395234