Case Law Details
C. P. Sangeeth Vs The Registrar (Kerala High Court)
Kerala High Court held that after participating in a tender process, bidder cannot turn around and challenge the conditions in the bid document. As the bid amount was including GST, bidder-petitioner cannot claim the GST amount in addition to the amount bided.
Facts-
The issue involved here is that after being a lowest bidder, the petitioner was awarded the contract. The petitioner submitted running bills for the supply and service of each item. As against the total bill of Rs.52,87,385.30 with GST @ 18%, an amount of Rs.47,55,990/- alone was paid. Therefore, the petitioner requested to release the balance amount of Rs.4,94,486/- due towards GST payable, after setting of TDS collected @ 2%, and the amount deducted towards workers’ welfare fund. Thereupon, a further amount of Rs.1,06,371/- was released by the respondent. Again the petitioner submitted a request seeking release of the balance amount and the first respondent rejected the request by Ext. P13. In Ext. P13 the reason stated is in the University there is no practice of paying GST on service contracts and for supply of the generator set, the GST had been paid. Aggrieved by the refusal to release the amount payable towards GST, this writ petition.
Conclusion-
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