HCL INFOTECH LIMITED Vs. HPSEB

JUDGEMENT

(1.) This petition has been filed under Sub-section (6) of Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short 'Act') for appointment of Sole Arbitrator in terms of Clause 8.2 of GCC agreement and Clause 8.2 (a) of SCC agreement.

(2.) In pursuance to tender floated by respondents for supply of various power related equipments under R-APDRP (Restructured-Accelerated Power Development Reform Program) in order to reduce AT & C losses, petitioner company was appointed as IT Implement Agency (ITIA) on the rates, terms and conditions mentioned in Letter of Award (LoA) dated 30.8.2010 (Annexure P-2).

(3.) A dispute with respect to entitlement of petitioner to avail concessional rates of tax has arisen between parties as petitioner is claiming its entitlement for concessional rate of tax and is demanding the statutory C-Form under CST Act, whereas, respondents, on the basis of clarification issued by Excise and Taxation Department, have rejected the request of petitioner. Petitioner company is demanding C-Form or the differential tax to the tune of Rs.1.56 crore with interest thereon, whereas respondents are denying their liability to issue C-Form or to pay differential tax. Both parties are relying upon terms of contract between them. It is claimed by petitioner that due to failure of respondents' board to issue C-Form, petitioner has been burdened with additional tax liability and therefore, respondent is liable to compensate petitioner for additional tax liability along with incidental and ancillary claims and costs related thereto.