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2016 (4) TMI 241 - PUNJAB AND HARYANA HIGH COURT

2016 (4) TMI 241 - PUNJAB AND HARYANA HIGH COURT - TMI - Passing of burden of service tax as per Mutual Contract - PUNGRAIN directed the appellant to deposit the service tax on the income received from renting/lending of immovable property and withheld the godown rent - Seeking direction to release the storage charges of godown - Petitioners moved a representation to the Managing Director, PUNGRAIN, Chandigarh for releasing the storage charges of the godowns, but no action has so far been taken .....

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on disposed of - CWP No. 5700 of 2016 - Dated:- 28-3-2016 - MR. AJAY KUMAR MITTAL AND MRS. RAJ RAHUL GARG, JJ. For The Petitioner : Mr. Gurminder Singh, Senior Advocate with Mr. J.S. Gill, Advocate AJAY KUMAR MITTAL, J. 1. The petitioners have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the notices dated 20.8.2015, 1.10.2015, 9.11.2015 and 17.11.2015 (Annexure P-10 Colly) issued by Punj .....

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ted tender form (Annexure P-1) under two bid systems for construction of covered godowns for Food Corporation of India (FCI) storage requirement for a minimum guarantee period of seven years on build, own and operate/lease basis for the storage of foodgrain at various locations of Punjab. In pursuance thereto, the petitioners applied for various locations in Punjab. The tender submitted by petitioners No.1 to 9 was not accepted by the PUNGRAIN but they were given counter offer (copy of the count .....

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petitioners constructed the covered godowns as per the conditions laid down in the agreement which was subsequently inspected by the Assistant General Manager along with XEN, PWD (B&R) vide inspection report dated 10.4.2012 (Annexure P-4). Thereafter, the Managing Director, PUNGRAIN, Chandigarh wrote letters to the District Manager of the concerned Districts to take over the godowns constructed under the Scheme, including letter dated 3.7.2012 (Annexure P-5) written to the District Manager, .....

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agreement dated 27.11.2012 (Annexure P-8) executed between the FCI and the PUNGRAIN, the FCI reimbursed the rent charges to the PUNGRAIN with a further 15% supervision charges on godown rent. The petitioners were issued various notices including the notices dated 3.2.2015, 20.2.2015 and 7.7.2015 (Annexure P-9 Colly) by the Central Excise and Service Tax Range asking for the details of income received from renting/lending of immovable property to the PUNGRAIN and payment of service tax thereon. T .....

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