VidhiSangh

Supreme Court of India · 12/05/2021

UTTAR PRADESH POWER TRANSMISSION CORPORATION LTD. AND ANR. versus CG POWER AND INDUSTRIAL SOLUTIONS LIMITED AND ANR.

[2021] 5 S.C.R. 37 · 2021 INSC 294

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declined to interfere with quashing of UPPTCL’s demand for construction-worker cess on a separate equipment-supply contract. A pure supply contract did not attract the levy. Recovery based solely on an audit objection, without statutory assessment and through withholding other dues or invoking a performance guarantee, lacked statutory and contractual authority. The arbitration clause did not bar the writ petition in these circumstances.

Issues

  1. Whether the separate supply component of a turnkey substation project attracted construction-worker cess.
  2. Whether an audit objection authorized recovery without assessment by deductions or invocation of a performance guarantee.
  3. Whether the contractual arbitration clause excluded Article 226 relief.

Provisions considered

Held

Result

Special leave petition dismissed; High Court’s quashing of the disputed cess-demand communications maintained.

Judgment PDF: Supreme Court of India, [2021] 5 S.C.R. 37.