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TMI Blog2015 (9) TMI 1390X X X X Extracts X X X X X X X X Extracts X X X X ..... d the contract for comprehensive maintenance of Ring Road and Outer Ring Road vide Agreement No.17/EE/PWD-XXIV/2005-2006 for the period of three years. The stipulated date of start of the contract was 24th August, 2005 and the stipulated date of completion was 23rd August, 2008. The disputes arose between the parties during the currency of the work which was first referred to the Disputes Resolution Expert (DRE) by the Chief Engineer, PWD, Maintenance Zone M-3 in terms of para 21.1 of the General Condition of Contract (GCC). Being aggrieved of the recommendations of the DRE, the decree-holder invoked clause 22 of the GCC which contained the Arbitration Agreement between the parties and requested the Chief Engineer to refer the disputes to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it necessary to disturb my award. The reference from the Hon'ble High Court of Delhi stands disposed off." 4. The Award dated 11th May, 2010 was again challenged by the judgment debtor vide OMP No.496/2010 which was dismissed by this Court vide order dated 19th September, 2011 upholding the Award passed by the learned Arbitrator. 5. The order dated 19th September, 2011 passed in OMP No.496/2010 was challenged by the judgment debtor by filing an appeal being FAO(OS) No.558/2011. During the pendency of the said appeal, vide order dated 1st November,2011, this Court was pleased to direct the judgment-debtor to deposit the entire decreetal amount in Court. However, only an amount of Rs. 7,51,667/- was deposited by the judgment debtor a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er were made for the work "Comprehensive Maintenance of Ring Road and Outer Ring Road in NCT of Delhi". It was submitted that the decree holder has deposited an amount of Rs. 4,36,52,889/- from the period 1st August, 2006 to 16th June, 2011 to discharge their service tax liability as is evident from Annexure-1 filed along with the affidavit. 8. Vide order dated 3rd April, 2012, this Court directed the authorized representative of the decree holder to approach the office of the Commissioner of Service Tax along with the original challans and other requisite papers for the purposes of verifying the amount of service tax paid by the decree holder. Accordingly, the authorized representative of the decree-holder appeared before the office of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holder between the period 1.8.2006 to 16.6.2011. Though a direction was issued on 31.7.2013 for the presence of Mr. Sanjay Gupta, Additional Commissioner of Service Tax, Delhi, he is inexplicably not present in Court. There is no application filed seeking his exemption from appearance. This kind of conduct is unwarranted. Mr. Sanjay Gupta, Additional Commissioner of Service Tax, Delhi, will remain present in Court on the next date of hearing. Mr. Govind Kumar Garg, Assistant Commissioner of Service Tax, Division-II, is present in Court. He maintains that a sum of Rs. 4,90,03,438/- has been deposited by the decree holder. He says that out of the 19 challans, six challans i.e. 1 to 4, 11 and 12 have been verified. These challans, accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,580/- and interest of Rs. 89,59,345/-) out of the total refund claim of Rs. 4,76,57,617/-. 3. Even according to the decree holder, insofar as the works in issue are concerned, as per the decree holder's affidavit of 28.5.2013, the decree holder will be entitled to refund of only a sum of Rs. 4,36,52,889/-. 3.1. To be noted, this scales down the figure from Rs. 4,90,03,438/-. 4. Ms. Salwan says that she would like to examine the order-in-original dated 25.11.2013. 5. Mr. Sanjay Gupta is exempted from further appearance, since he says that he has been transferred out, the concerned officer though in the department shall appear in Court, as and when required. 6. Mr. Garg shall, however, remain present in Court on the next date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el has not disputed that there are three projects, i.e. Delhi, Vijaywada and Panagarh. However, she has referred the additional affidavit dated 28th May, 2013 filed by the decree-holder where the specific statement has been made with regard to the Delhi Project that the Service Tax amounting to Rs. 4,36,52,889/- was deposited by the decree holder. The details of the said amount are given in para 2 of the affidavit which reads as under:- Details of Service Tax deposited for the comprehensive maintenance of Ring Road & Outer Ring Road in NCT of Delhi Challan No. Date Amount 7849 01.08.2006 500000 17 17.07.2009 1000000 12 29.08.2009 1000000 1000006 17.02.2010 5000000 1000007 17.02.2010 5000000 1000008 17.02.2010 5000000 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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