(1.) This petition has been filed under Sub-section (6) of Section 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 refund of entry tax, on the basis of Clause 6 of Letter of Award dated 30.8.2010, whereas according to respondent, petitioner is not entitled for refund of entry tax in terms of award which includes liability of petitioner to pay entry tax. Both parties are relying upon terms of contract between them.