Po terms & condition or gst rules what takes precedence

Querist : Anonymous (Querist) 25 February 2019 This query is : Resolved
We have been issued a PO and later PO terms and conditions were agreed upon.

We are supposed to supply 1000 units of Plastic Injection molded parts for say 10lac rupees. PO terms and condition :-
35% amount will be Advance
15% amount will be paid at the #me of 10 Samples dispatch .
25% amount will be paid after the first batch of 100 No’s
25% amount will be Paid after the balance Qty of 900 No’s

Once the 10 samples were approved, the client requested to break up the consignment 500 nos each.
We supplied 500 Nos and raised an invoice of say 8.6 Lacs +GST as per the PO terms and condition.

The client has revert back after 6 months saying that the PO was for material and as per GST rule for material PO, we cannot raise an invoice of as per the PO terms and condition and should revise invoice to 5.0 Lacs + GST as per GST rules

Does GST rule override the PO terms and condition?
If the GST rule applies,does the company default when it agrees to a PO terms and condition conflicting the GST norms?

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KISHAN DUTT KALASKAR (Expert) 26 February 2019
Dear Sir,
It is not compulsory to mention GST amount in purchase order but it is advisable to mention it. GST amount is compulsorily required to be mentioned in tax invoice.

Please mark “LIKE” if satisfied by my answer.

Dr J C Vashista (Expert) 28 February 2019
What is the opinion and advise of your CA ? Proceed accordingly.
Disclose your identity as anonymous author is not entertained by experts as per rule of this platform.

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