Goods service tax

KHS (Querist) 24 June 2021 This query is : Resolved
Sir,

Ours is a small scale testing laboratory set up by unemployed graduate Brothers in Visakhapatnam District. Recently, we were awarded Annual Maintenance Contract work by Central Govt. Institute.

That as per NIT Document, the Price Bid Format wherein it was indicated " DO NOT QUOTE THE RATES HERE TO BE QUOTED ONLINE IN CPP PORTAL " . In the Technical Bid Schedule it was mentioned as follows:

Sl. Item description Quantity Units Rate inclusive Total Amt.inlcusive of Total Amount
of all taxes all taxes in words

As per Item Rate BOQ it was mentioned as:

Sl. Item description Quantity Units Estimated Basic Rate in Total Amt. Total Amount in
Rate in Rs. figures to be entered without words,
by bidder. taxes. Rs.

The learned Counsel may kindly be noted that on the basis of BOQ we have quoted most competitive price through e-procurement portal. On evaluation, we were awarded the AMC Contract and executed Service Agreement. Now, against submission of First Quarterly Bill receivable from the Employer, referring the "Specimen Schedule of Technical Bid" wherein we were agreed to Rate Quoted was "inclusive of Taxes" and directed submission of Revised Invoice by deleting the GST component from the Invoice submitted for.

In conclusion, it is humbly requested that ours being an unemployed Graduate brothers established Small Micro Laboratory (MSME) running on shoe-string budget and pulling the cart with great effort to stay in the market, Learned Counsel may kindly be help us with suitable guidelines to come across during this pandemic situation.

Optimistically looking forward direction to face ongoing scenario.

Thanking you Sir,

Sincerely, yours,

DSA Rao

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Quick Summary

A small testing laboratory, run by unemployed graduates, has been awarded an Annual Maintenance Contract by a Central Government institute. They are facing an issue where the institute is requesting them to remove the GST component from their invoice, despite the initial bid documents having conflicting information regarding tax inclusion. The lab, operating on a tight budget, is seeking guidance on how to resolve this dispute, especially given the current economic climate.

P. Venu (Expert) 24 June 2021
As per the terms, what are the provisions for redressal of disputes?

kavksatyanarayana (Expert) 24 June 2021
Consult a local CA or post this query in CAclubindia.

ashok kumar singh (Expert) 25 June 2021
consult with Chartered Accountant for appropriate & better advise on your query.
thanks

T. Kalaiselvan, Advocate (Expert) 26 June 2021
If you are aggrieved by the sudden change in the decision by the firm with regard to the rates and non inclusion of GST etc., you may first make a representation to the origination with their original quotes as evidence besides other factors i.e., permitting you to execute the contract and objection raised only after the first bill was presented, hence seek the intervention of the top management to redress your grievance.
If you do not get an y favorable reply then you may plan to adopt legal steps either with a suit for specific relief before the jurisdictional civil court or a writ petition before high court for necessary relief.

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