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NIRMAL CONSTRUCTIONS vs. THE STATE OF MADHYA PRADESH
(Madhya Pradesh High Court)

Hon'ble Judges:

HEMANT GUPTA
VIJAY KUMAR SHUKLA
Pet. Counsel
Alok Kumar
Res. Counsel
Amit Seth

Petitioner / Applicant

NIRMAL CONSTRUCTIONS

Respondent THE STATE OF MADHYA PRADESH
Court Madhya Pradesh High Court
State

Madhya Pradesh

Date Sep 6, 2017
Order No.

WP-13563-2017

Citation

2017(9) TAXREPLY 3150
Original Order
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ORDER

ORDER Challenge in the present petition is to a communication dated 18.8.2017, which has the effect of cancellation of the tender in which the petitioner participated. The communication is that Goods and Service Tax has been made applicable with effect from 1.7.2017, therefore, it is decided by the State Government on 5.8.2017 that for future contracts, offers should be invited by excluding the amount of G.S.T. Such decision is on account of the change in tax environment and inasmuch as, the petitioner or other contractors will be entitled to benefit of input tax deposited by the sellers of the goods, which the petitioner purchases. Since the entire tax regime has undergone change, therefore, the State Government's decision not to act upon the tenders invited with effect from 1.7.2017 to 5.8.2017 cannot be said to be illegal or arbitrary, which may warrant interference of this Court. It may be stated that in pursuance of the offer of the petitioner, letter of accepta....

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