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JAI BHAWANI CONSTRUCTION, SATYENDRA KUMAR CONSTRUCTION PVT. LTD., M/S. BRIJNANDAN SINGH, M/S. BRIJENDRA KUMAR SINGH vs. THE UNION OF INDIA THROUGH THE SECRETARY, THE UNDER SECRETARY, THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, THE PRINCIPAL SECRETARY, THE PRINCIPAL SECRETARY RURAL WORKS DEPARTMEN, THE ENGINEER IN CHIEF, THE EXECUTIVE ENGINEER AND OTHERS
(Patna High Court)

Hon'ble Judges:

RAJEEV RANJAN PRASAD
Pet. Counsel
Prabhat Ranjan
Chandan Kumar
Res. Counsel
Archana Meenakshee
Mahendra Pd. Verma

Petitioner / Applicant

JAI BHAWANI CONSTRUCTION, SATYENDRA KUMAR CONSTRUCTION PVT. LTD., M/S. BRIJNANDAN SINGH, M/S. BRIJENDRA KUMAR SINGH

Respondent THE UNION OF INDIA THROUGH THE SECRETARY, THE UNDER SECRETARY, THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, THE PRINCIPAL SECRETARY, THE PRINCIPAL SECRETARY RURAL WORKS DEPARTMEN, THE ENGINEER IN CHIEF, THE EXECUTIVE ENGINEER AND OTHERS
Court Patna High Court
State

Bihar

Date Jul 5, 2019
Order No.

Civil Writ Jurisdiction Case No.1452 of 2019, 2734 of 2019, 2857 of 2019, 1453 of 2019, 4529 of 2018, 3288 of 2019, 3316 of 2019, 8068 of 2019, 8205 of 2019, 8214 of 2019

Citation

2019(7) TAXREPLY 2131

Original Order
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ORDER

Heard learned counsel for the petitioners, learned counsel representing the State as well as learned Assistant Solicitor General representing the Union of India. All these writ applications are raising a common question as to the effect of coming into force of the Goods and Services Tax Act (hereinafter referred to as the “GST Act, 2017”) in respect of the tenders which were floated prior to coming into force of the Act of 2017 and in respect thereof the agreement i.e. the Standard Bidding Document (in short the “SBD”) applicable in the Works Departments of the Government of Bihar contains Clause 35 which deals with the condition of reimbursement of levy/taxes if levied after receipt of the tenders. Similar provision is there in the Model Bidding Document (in short ‘MBD’). The petitioners moved this court stating that they had participated in the tender process prior to coming into force of the GST Act, 2017, when Bihar VAT Act, 2005 was i....

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