Para 6.6.3 - GST Variation | KartavyaDesk
Original Rule Text
6.6.3. Statutory Variation Clause: Unless otherwise stated in the contract, statutory variation in applicable GST rate, only during the period from the date of submission of the tender to the date of acceptance of the tender (that is, placement of the contract) and during the original/ re-fixed delivery period of the contract shall be borne by the Procuring Entity. The benefit of any reduction in the GST rate must be passed on to the Procuring Entity during the original and extended delivery period. However, GST rate amendments shall be considered for the quoted HSN code only, against documentary evidence, provided such an increase in GST rates is after the tender submission date. However, the Statutory Variation shall not be applicable for any misquotation of the HSN number or incorrect GST rate by the bidder.
What This Means
Para 6.6.3 of the Manual for Procurement of Non-Consultancy Services deals with changes in Goods and Services Tax (GST) rates during the tendering and contract period. Essentially, if the GST rate for a particular item changes between the time a bidder submits their tender and the time the contract is awarded (or during the original delivery period), the government (Procuring Entity) will bear the cost of any increase. Conversely, if the GST rate decreases, the supplier must pass on the benefit of that reduction to the government. This ensures fairness and transparency in government procurement.
This rule applies specifically to statutory variations in GST rates for the HSN (Harmonized System Nomenclature) code quoted in the tender. The bidder must provide documentary evidence of the GST rate change. However, the government will not cover any increase in cost if the bidder initially quoted the wrong HSN code or an incorrect GST rate. The rule aims to protect both the government and the supplier from unforeseen GST fluctuations, provided the initial tender was accurate and honest.
This rule directly affects government departments involved in procurement, suppliers bidding for government contracts, and anyone involved in the financial management of these contracts. Understanding this clause is crucial for accurate budgeting, cost estimation, and contract management.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Government bears GST increases between tender submission and acceptance/original delivery period.
- •Suppliers must pass on GST reductions to the government during the original/extended delivery period.
- •GST rate changes are considered only for the quoted HSN code, with documentary evidence.
- •Statutory Variation is not applicable for misquotation of HSN number or incorrect GST rate by the bidder.
- •Applies only to statutory variations in GST rates.
Practical Example
The Ministry of Electronics and Information Technology (MeitY) issued a tender for the supply of computer peripherals. M/s. Secure Solutions quoted a price of ₹10,000 per unit for a specific type of printer, with a GST rate of 18% based on the HSN code provided in the tender document. The tender was submitted on January 15, 2024. The contract was awarded on February 15, 2024. However, on February 1st, 2024, the GST rate for that particular HSN code increased to 28%. According to Para 6.6.3, MeitY will bear the additional 10% GST cost.
Conversely, if the GST rate had decreased to 12% instead, M/s. Secure Solutions would be obligated to reduce the price accordingly and pass on the 6% benefit to MeitY during the delivery period. If M/s. Secure Solutions had incorrectly quoted the HSN code in their tender, and the GST rate was actually higher at the time of submission, the Statutory Variation would not apply, and MeitY would not be responsible for the difference.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What happens if the GST rate changes after the original delivery period?▼
If a bidder quotes the wrong HSN code, are they still eligible for statutory variation?▼
What kind of documentary evidence is required to claim a GST rate change?▼
Does this rule apply to all types of procurement?▼
If the contract includes an extended delivery period, does the statutory variation apply during the extended period?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Para 6.6.3 of the Manual for Procurement of Non-Consultancy Services, during which period is the Procuring Entity responsible for bearing the statutory variation in the applicable GST rate?
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