TaxTMI 
TaxTMI 
2022 (6) TMI 194
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.... Conduct site survey for finalization of detailed technical architecture, gap analysis, final Bill of Quantities and project implementation plan c) Conduct site surveys to identify the need for site preparation activities d) Obtain site clearance obligations & other relevant permissions with the support of Shahjahanpur Nagar Nigam. 2. Supply, Installation, Testing and Commissioning of the following primary components: a) Adaptive Traffic Control System (ATCS) b) Automatic Number Plate Recognition (ANPR) System c) Red Light Violation Detection (RLVD) System d) Public Address System e) Variable Message Sign boards f) Emergency Call Box g) City Wifi h) Network Connectivity i) Operation Control Room 3. Operation and Maintenance Phase: The MSI will also be responsible for supply of IT infrastructure solution for the management of hardware and application software, networking, installation, training, maintenance and operations of the solution for the period of 5 years from the Go Live date, the O&M period will commence after Go-Live and will be for a period of 5 y....
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....c light aspects, poles, cantilevers, Junction Box and other required accessories at 13 traffic junctions for successful operation of the ITMS project in Shahjahanpur City 3. The MSI is suggested to follow a priority approach while installation of ATCS at junctions. The list of junctions is given in chapter 6 of volume II. 4. The MSI is responsible for integration of ATCS field infrastructures with the proposed ITMS Platform." 3. M/s Amnex submits that its role in the project mainly includes electrical, lighting, earthing, fixation of junction boxes, poles and cantilevers, cabling infrastructure, design, supply, installation, testing and commissioning of various intelligent traffic management system as per RFP and that the execution of the project involves: (i) Infrastructural cabling / civil work which is pre-requisite for fixation of various intelligent traffic management systems, (ii) Fixation of various intelligent traffic management system like adaptive traffic control system, red light violation detection system, automatic number plate recognition system etc and (iii) Operations and maintenance of intelligent traffic management s....
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.... design, supply, installation, testing, commissioning and constructing of ITMS Infrastructure which primarily includes Adaptive traffic Control, Red light violation detection, Automatic number plate recognition, etc. along with operation & maintenance of ITMS for a period of 5 years on turnkey basis. From this, it appears that the scope of work involves supply of goods as well as services, which are in conjunction with each other to complete the ITMS infrastructure installation. 5.4 Further that the term works contract has been restricted to contract for building construction, fabrication etc. of any immovable property only. As per the General Clauses Act, 1987, the term Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth". In order to become an immovable property, the goods have to be attached to the earth for the permanent beneficial enjoyment of the immovable property. It is to be noted that as held by the Supreme Court in the case of CCE v. Solid & Correct Engg. Works 2010(252) ELT 481 that any annexation should be with the object of permanent beneficial enjoyment of....
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....ake them workable; (ii) erection, commissioning or installation of plant, machinery or equipment or structures, whether pre-fabricated or otherwise;" 7. M/s Amnex submits that it's role in the said project involves infrastructural cabling / civil work for fixation of different Intelligent Traffic Management Projects like Adaptive Traffic Control System, Red Light Violation Detection System, Automatic Number Plate Recognition System, etc. which squarely covers under definition of original work due to erection, commissioning and installation of many more various hardware/equipment of traffic management systems including making of structures thereof like fixed poles, other infrastructural and civil structure to fix various equipment. It's role in the project delivery involves civil work to support erection of fixed poles and other infrastructure, as well as provide underground cabling for power and connectivity for these. These would be supporting the installation of the hardware for Adaptive Traffic Control System, Red Light Violation Detection System, Automatic Number Plate Recognition System etc. Along with the same, before the systems are declared fit to be used, a lot....