Myneni Constructions And Contractors vs. The State Of Andhra Pradesh

WP/15131/2021HC Andhra PradeshGSTCNR APHC01026051202128 September 2022Bench: VENKATESWARLU NIMMAGADDA7 pages
AI SummaryRemanded

Held

The Court directed the petitioner to submit a detailed statement of account including GST payable. The respondent authorities are then to consider this statement and determine the payable amount after hearing the petitioner.

Facts

The petitioner completed a road construction work as per an agreement. The respondents insisted on a supplementary agreement to revise rates due to GST implementation, which the petitioner entered into under protest. The petitioner claims the final bill amount was reduced after this supplementary agreement.

Key Issues

Whether the respondents' insistence on a supplementary agreement to revise rates due to GST implementation was legal, and consequently, the determination of the final bill amount payable to the petitioner.

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No. 15131 of 2021 ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj appearing for the respondents.

2.

This writ petition is filed to declare the action of the respondents in directing the petitioner to enter into a supplementary agreement vide their letter dated 19.09.2020 as illegal and arbitrary and consequently to direct the respondents to pay the final bill amount in terms of the agreement dated 20.01.2018 with all deposits and interest @ 18% p.a. on the delayed payment.

3.

Learned counsel for the petitioner would submit that pursuant to the tender notification dated 14.06.2017 issued by the respondents for providing BT road, CC road and side drains in Yanamalakuduru Village, Penamaluru Mandal for an estimated value of Rs.200.00 lakhs, the petitioner participated in the tender process and the tender was accepted in favour of the petitioner. Subsequently, an agreement dated 20.01.2018 was entered into between the petitioner and the 3rd respondent. The work was completed in all respects by 12.08.2018 and after inspection of the work, the Quality C

The judgment continues below.

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.