Top Posts Tagged with #article 226

Ex parte GST demand set aside as taxpayer’s illness justified delay and warranted opportunity to participate in Section 73 proceedings

Case Title: M/s M.J. Infrastructure v. Joint Commissioner (Appeal), DGSTO-04 & Ors.Court: High Court of Karnataka, BengaluruPetition No.: W.P. No. 4076 of 2025 (T-RES)Category: Delay condonation and ex parte assessment under Section 73 – Natural justiceDate of Judgment: 25 February 2025Relevant Sections: Sections 73 and 107 of the CGST / KGST Act, 2017; Article 226 of the Constitution of…

#Article 226 #Delay Condonation #Ex Parte Order #GST #GST Litigation #illness #Karnataka High Court #Natural Justice #Section 73 CGST Act #tax adjudication

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Refund of enhanced GST @18% directed as the public sector employer had admitted liability for 6% differential amount but failed to release payment

Case Title: SKB Projects India Pvt. Ltd. v. State of Madhya Pradesh & OthersCourt: High Court of Madhya Pradesh, Jabalpur BenchPetition No.: Writ Petition No. 38356 of 2024Date of Judgment: 15 January 2025Category: Rate of GST / Refund of Differential TaxRelevant Sections: Article 226 of the Constitution of India; Section 9 of the CGST/SGST Act, 2017; Notifications No. 24/2017–CT(R) dated…

#Article 226 #Construction Services #government contracts #GST Rate #GST Refund #Madhya Pradesh High Court #Notification 15/2021 #Public Sector Liability

Government entity directed to reimburse contractor’s excess 6% GST for period after rate hike from 12% to 18%, as writ held maintainable despite arbitration clause

Case Title: M/s Sita Homes Pvt. Ltd. vs. State of Madhya Pradesh and OthersCourt: High Court of Madhya Pradesh, Indore BenchPetition Number: Writ Petition No. 34913 of 2024Judgment Date: 20 November 2024Category of Dispute: Rate of GST / Reimbursement of differential taxRelevant Sections: Article 226 of the Constitution of India; Section 9, 15, and 31 of the CGST Act, 2017; Notification No.…

#Article 226 #construction contracts #Government Entity #GST rate change #MP High Court #Notification 15/2021 #Reimbursement #Works Contract

Refund of excess GST directed as Court holds government entity liable to reimburse contractor for overpayment due to incorrect rate application

Case Title: Natvar Construction Co. v. State of Madhya Pradesh & OthersCourt: High Court of Madhya Pradesh, Indore BenchPetition No.: Writ Petition No. 3697 of 2025Judgment Date: 10 February 2025Category: Refund of Excess GST PaidRelevant Section: Article 226 of the Constitution of India; Section 54 of the CGST Act, 2017; Notification No. 24/2017-CT (Rate) dated 21.09.2017Neutral Citation:…

#Article 226 #construction #excess GST #government contracts #GST rate change #GST Refund #MP High Court

Tender cancellation upheld as bidders failed to deposit 25% amount with GST despite multiple opportunities and clear tender conditions

Case Title: Laxmi & Ors. v. Indore Smart City Development Ltd. & Ors.Court: High Court of Madhya Pradesh, Indore BenchPetition Nos.: WP No. 30072/2024, 30068/2024, 30077/2024, 30081/2024Judgment Date: 18 December 2024Category of Dispute: GST applicability on tender premium – Input Tax applicability and contract complianceRelevant Sections: Article 226 of the Constitution of India; Section 9 and…

#Article 226 #GST Compliance #GST tender premium #Madhya Pradesh High Court #Smart City Development #Tender cancellation

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Extra 6% GST reimbursement directed to be paid to contractor as court holds government entity liable to bear enhanced tax burden post rate revision

Case Title: Jitendra Kumar Mishra v. State of Madhya Pradesh and OthersCourt: High Court of Madhya Pradesh, Jabalpur BenchPetition No.: W.P. No. 38994 of 2024Judgment Date: 18 December 2024Category of Dispute: Rate of GST / Contractual ReimbursementRelevant Sections: Section 9 and Section 11 of the CGST Act, 2017; Article 226 of the Constitution of India; Notifications No. 24/2017-CT(R) dated…

#Article 226 #government contracts #GST Litigation #GST rate revision #GST Reimbursement #MP High Court #Section 9 CGST

Writ petition dismissed as petitioner permitted to approach tax authority against GST demand on royalty pending Supreme Court decision

Case Title: Gajendra Singh Parmar v. Assistant Commissioner, State Commercial TaxCourt: High Court of Madhya Pradesh, Gwalior BenchPetition Number: W.P. No. 39580 of 2024Judgment Date: 19 December 2024Category: Royalty Payments – GST on Mining LeaseRelevant Sections: Section 9 of the CGST Act, 2017; Article 226 of the Constitution of India Facts (Paras 2–4) The petitioner, Gajendra Singh Parmar,…

#Article 226 #GST Litigation #GST on Royalty #Madhya Pradesh High Court #Mining Lease #Royalty Taxation

Mandamus directed for consideration of contractor’s representation involving GST deviation payments for pre-GST work

Case Title: Satyabrata Jena v. State of Odisha and OthersCourt: Orissa High Court, CuttackPetition Number: W.P.(C) No. 32770 of 2024Date of Judgment: 06 January 2025Category: GST implication in contractual payments (post-GST deviation on pre-GST work)Relevant Sections: Article 226 of the Constitution of India, implications under CGST/OGST Act relating to contractual adjustments for pre- and…

#Article 226 #contractor payment #deviation statement #GST contracts #GST Transition #Orissa High Court

Ex parte GST demand set aside as taxpayer’s illness justified delay and warranted opportunity to participate in Section 73 proceedings

#Article 226 #Delay Condonation #Ex Parte Order #GST #GST Litigation #illness #Karnataka High Court #Natural Justice #Section 73 CGST Act #tax adjudication

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Refund of enhanced GST @18% directed as the public sector employer had admitted liability for 6% differential amount but failed to release payment

#Article 226 #Construction Services #government contracts #GST Rate #GST Refund #Madhya Pradesh High Court #Notification 15/2021 #Public Sector Liability

Government entity directed to reimburse contractor’s excess 6% GST for period after rate hike from 12% to 18%, as writ held maintainable despite arbitration clause

#Article 226 #construction contracts #Government Entity #GST rate change #MP High Court #Notification 15/2021 #Reimbursement #Works Contract

Refund of excess GST directed as Court holds government entity liable to reimburse contractor for overpayment due to incorrect rate application

#Article 226 #construction #excess GST #government contracts #GST rate change #GST Refund #MP High Court

Tender cancellation upheld as bidders failed to deposit 25% amount with GST despite multiple opportunities and clear tender conditions

#Article 226 #GST Compliance #GST tender premium #Madhya Pradesh High Court #Smart City Development #Tender cancellation

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Extra 6% GST reimbursement directed to be paid to contractor as court holds government entity liable to bear enhanced tax burden post rate revision

#Article 226 #government contracts #GST Litigation #GST rate revision #GST Reimbursement #MP High Court #Section 9 CGST

Writ petition dismissed as petitioner permitted to approach tax authority against GST demand on royalty pending Supreme Court decision

#Article 226 #GST Litigation #GST on Royalty #Madhya Pradesh High Court #Mining Lease #Royalty Taxation

Mandamus directed for consideration of contractor’s representation involving GST deviation payments for pre-GST work

#Article 226 #contractor payment #deviation statement #GST contracts #GST Transition #Orissa High Court

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