SPEEDCRAFTS LIMITED Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The present petition has been filed challenging the award dated 9th November, 2012 passed by the arbitral tribunal constituted by the Railways.

(2.) The short point that is raised in this case is as to the liability to pay service tax and whether the Petitioner is entitled to reimbursement of the same. The Railways floated a Tender Notice No.Track-2/TM/2002 for Flash Butt Welding. The last date for submission of the bid was 15th January, 2003. The Petitioner herein, submitted its bid on 11th January, 2003. The relevant portion of the bid document reads as under:

(3.) The contract was subsequently entered into on 15th July, 2003 and was deemed to come into force on 7th July, 200 The relevant clauses in the said contract read as under: -