9911796707
TMI Blog2025 (1) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... ccessful bidder, and he is also liable to pay 18% GST on the sanctioned premium amount; therefore, the GST payable on the premium amount was known to the petitioner at the time of submission of the bid; thus, the petitioner has wrongly raised an objection in order to avoid the deposit of 25% of the amount. The petitioner was unnecessarily gaining time to raise this frivolous objection. If the petitioner had an objection about charging 18%, he should not have submitted the bid for the shop; after the allotment, he has unnecessarily caused the financial loss to the respondent by not depositing the entire premium amount and monthly rent. So far as the opportunity is concerned, as stated above, three times the respondents granted the additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OF THE CASE ARE AS UNDER:- 3. The respondent No.1 floated a tender for allotment of 11 shops situated at Gopal Mandir Amphitheater Complex, Indore by way of long term lease under the provisions of M.P. Municipal (Achal Sampatti Antaran) Rules, 2016 (hereinafter referred to as The Rules of 2016 ). The petitioner participated in the said tender for allotment of shop No.5 situated at Ground Floor Gopal Mandir Amphitheater Complex, Indore. The petitioner's bid was found highest and the respondent No.1 issued an allotment letter dated 18.07.203 calling upon the petitioner to deposit 25% of the amount i.e. Rs. 13,75,197/- + 18% GST within 21 days in the Bank account of respondents failing which, the allotment shall be cancelled with the forf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posit the 25% amount of the premium amount but the demand of 18% GST is unjustified. According to the petitioner, before cancellation of the tender, no proper opportunity of hearing was granted to the petitioner. Since the shops were under construction, therefore, the bank was not extending the loan to the petitioner thus, the amount could not be deposited. Now, one of the petitioners is ready to deposit the entire amount of premium . 7. Shri Rishi Tiwari, learned counsel appearing for the respondents, contends that as per the terms and conditions of the GST, it was made clear that 25% of the bill amount alongwith the GST has to be deposited within 21 days from the date of acceptance of the bid by the highest bidder, therefore, the objectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndates that the highest bidder shall deposit 25% of the amount within 21 days from the declaration of the successful bidder, and he is also liable to pay 18% GST on the sanctioned premium amount; therefore, the GST payable on the premium amount was known to the petitioner at the time of submission of the bid; thus, the petitioner has wrongly raised an objection in order to avoid the deposit of 25% of the amount. The petitioner was unnecessarily gaining time to raise this frivolous objection. If the petitioner had an objection about charging 18%, he should not have submitted the bid for the shop; after the allotment, he has unnecessarily caused the financial loss to the respondent by not depositing the entire premium amount and monthly rent. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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