9911796707
TMI Blog2023 (3) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner has submitted bids based on the SR rates notified on 25.11.2016 and these rates included tax as was applicable under the provisions of Indirect Tax Regime. Crucially, as pointed out by Sri. S.Mahesh, the petitioner has signed the subject agreement specifically agreeing to the second respondent deducting taxes at source as per applicable law. The intent of the parties in signing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... Rates (SR) notified for North Zone, Dharwad and it is indisputable that the SR rates would include the prevailing market rates inclusive of taxes, duties, lead, loading and unloading charges. The SR rates are notified on 25.11.2016, and because it is inclusive of the taxes as of the date of the notification of such rates, the respondents must pay any difference in the tax rates consequent to chan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ange in indirect tax regime, has signed the subject agreement in the year 2019 specifically agreeing that the rates quoted shall be deemed to be inclusive of the tax that will have to be paid for the purpose of the contract and the second respondent will deduct tax at source as per applicable law; the petitioner having so agreed, cannot now contend that the tax dues cannot be deducted from the RA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... There cannot be any directions in the absence of such evidence. The parties have agreed to resolve the disputes through arbitration and therefore, this Court is of the considered view that all questions must be left open to be decided in the arbitral proceedings, if the petitioner proposes to have recourse to such remedy. As such, the petition stands disposed of accordingly. X X X X Extracts X X X X X X X X Extracts X X X X
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