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april 2016

Supreme Court of India · 2016-04-18

National Highways Authority Of India vs M/S Jsc Centrodostroy

Citation / case number
AIR 2016 SUPREME COURT 1965
Court
Supreme Court of India
Petitioner
National Highways Authority Of India
Respondent
M/S Jsc Centrodostroy
Author
Uday U. Lalit
Bench
Uday Umesh Lalit, Dipak Misra

Judgment text excerpt

The Supreme Court addressed the applicability of Clause 70.8 of the Conditions of Particular Application (COPA) regarding the reimbursement of increased service tax costs incurred by the contractor. The Court held that the contractor is entitled to compensation for additional costs arising from changes in service tax rates, specifically from 5% to 10.30%, under Clause 70.8, as these changes occurred after the bid submission date. The judgment affirmed the arbitral tribunal's decision to grant compensation for both the insurance premium and bank guarantee charges, emphasizing the need for fair adjustment in contract pricing due to legislative changes.

National Highways Authority Of India vs M/S Jsc Centrodostroy · Niyam