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GST and Customs Duty Tender Modifications

The document outlines modifications to clauses 28.1, 28.2, 28.4, and 29.1 of Invitation to Tender DPS Form DPS P-102. Clause 28.2 and 29.1 have been replaced. The new clause 28.2 specifies requirements for claiming Goods and Services Tax (GST), including providing certificates that GST has not been exempted and the amount charged is accurate. It also requires passing benefits of any GST refunds to the purchaser. The new clause 29.1 specifies that the purchaser will not be liable for customs duty fluctuations during the contract period.

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105 views2 pages

GST and Customs Duty Tender Modifications

The document outlines modifications to clauses 28.1, 28.2, 28.4, and 29.1 of Invitation to Tender DPS Form DPS P-102. Clause 28.2 and 29.1 have been replaced. The new clause 28.2 specifies requirements for claiming Goods and Services Tax (GST), including providing certificates that GST has not been exempted and the amount charged is accurate. It also requires passing benefits of any GST refunds to the purchaser. The new clause 29.1 specifies that the purchaser will not be liable for customs duty fluctuations during the contract period.

Uploaded by

roooyy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MODIFICATIONS

Invitation to Tender DPS Form DPS P-102.

Clause No. 28.1, 28.3, & 28.4 stands deleted and Clause No. 28.2 & 29.1 shall be
replaced as under:

28.2 GOODS AND SERVICE TAX

GOODS AND SERVICE TAX where legally leviable will be admitted and reimbursed
at the rate applicable during original delivery period.

When GOODS AND SERVICE TAX is claimed as extra by the vendor in general, the
following certificates should be submitted by the vendor to the Paying Authority on
the bills itself:-

Certified that the GOODS AND SERVICE TAX charged has not been exempted
under the GST Act or the rules made there-under and the amount charged on
account of GST are not more than what is payable under the provision of relevant
ACT or the rules there-under.

Certified further that we are being assessed to GST and also that where there are
statutory exemptions under the Relevant Act/Law of the State Government
concerned, we have availed ourselves of it and certified non-availability of such a
provision for GST wherever claimed.

Certified further in respect of amount claimed into the bill no claim is pending for
refund/or admissible. Certified that in the event of our getting refund in whole or
in part of the element of GOODS AND SERVICES TAX claimed from Government,
we shall pass on the benefit to the Purchaser by remitting to Government the
amount equivalent to the amount of refund obtained by us.

Certified further that we (our Branch or agent) ____________________________________


(address) are registered in the state of _____________________________ under GST
Regn. No. ______________.

(Stamp & Signature of the Vendor)

The Vendor shall solely responsible for declaration of Goods and Service Tax made
in his Invoice and shall indemnify the purchaser from any claim or its liability from
concerned authorities at any stage.

Certificate with each bill to the effect that no refund has been obtained in respect of
the reimbursement of GST made to Vendor during three months immediately
preceding the date of the claim covered by the relevant bill.
Contd..

:2:

AN UNDERTAKING to the effect that in case any refund of GST is granted to the
vendor by concerned authorities in respect of stores supplied under the contract,
they shall pass on the credit to the purchaser immediately alongwith a certificate
from their Director/Manager/Proprietor/Accountant to the effect that the credit so
passed on relates to the GST originally paid for the stores supplied under the
contract. In case of their failure to do so within 10 days of the issue of the refund
orders to them by the Authorities, the purchaser would be empowered to deduct a
sum equivalent to the amount refunded by the authorities without any further
reference to the vendor, from any of their outstanding bills against this or any other
pending Government Contracts and that no dispute on this account would be
raised by the vendor.

29.1 FLUCTUATION IN THE CUSTOMS DUTY:

Unless otherwise specifically agreed to in terms of the Contract, the purchaser shall
not be liable for any claim on account of fresh imposition of Customs Duty on raw
materials and /or components used directly in the manufacture of the contracted
stores, taking place during the pendency of the contract.

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