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2025 Supreme(Kar) 1987

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.Nagaprasanna, J.
Shri. Prabhakar S/o. Rajendra Rao Kulkarni – Petitioner
Versus
Bagalkot Town Development Authority - Respondent
Writ Petition No. 109381 of 2025 (GM-RES), Writ Petition No. 109370 of 2025, Writ Petition No. 109372 of 2025, Writ Petition No. 109382 of 2025, Writ Petition No. 109386 of 2025, Writ Petition No. 109390 of 2025, Writ Petition No. 109392 of 2025, Writ Petition No. 109408 of 2025
Decided On : 15-12-2025

Advocates Appeared:
For the Petitioner:Sri. Shivraj S. Balloli, Advocate
For the Respondent:Sri. Sanjay Chanal, Advocate

Prior tax regime remains applicable for works contracts executed pre-GST, preventing retroactive GST imposition.

Headnote:(A) Goods and Services Tax Act - Imposition of GST on Works Contract - Petitioner seeks a writ of Mandamus for recovery of amounts paid towards GST from the Respondent with interest - The court found that issues regarding tax liability and the applicability of GST for works contracts entered before 1-7-2017 have been addressed in prior judgments. The court noted that for contracts executed prior to GST implementation, the earlier tax regime continues to apply. The representations made by the Petitioners regarding the absorption of differential tax burden were acknowledged but not pressed in challenge to the GST Act's constitutionality - The court found sufficient compliance of earlier rulings. (Paras 1, 3, 11-13)

Findings of Court:
The petitions reflect a common principle regarding the applicability of the GST regime versus prior laws for works completed before GST and direct the respondents to handle representations appropriately.

Issues: The case revolves around the determination of tax liability post-GST implementation and whether pre-GST contract obligations remain under earlier tax regimes.

Ratio Decidendi: The court reaffirmed prior rulings that indicate pre-GST contracts remain subject to VAT regulations, and that subsequent GST should not retroactively apply.

Result: Petitions disposed.

Table of Content
1. petition filed for gst payment. (Para 1)
2. claims of liability under gst regime. (Para 3 , 4)

ORDER :

M.NAGAPRASANNA, J.

1. The petitioner is before this court seeking the following prayers:

“WP.No.109381/2025

I. Issue a writ of Mandamus directing Respondents to pay to the Petitioner a sum of rs.5,00,415.72/- (Rupees Five lakh four hundred fifteen and seventy two paise only) towards the applicable GST payable by Respondents along with the accrued interest thereon at the rate of 18 percent per annum from the date of payment of the GST amount by the Petitioner till the date of actual realisation of the same by Respondents.

II. Pass any other order(s) as this Hon’ble Court may deem fit in interest of justice and equity.

WP No.109370/2025

I. Issue a writ of Mandamus directing Respondents to pay to the Petitioner a sum of Rs. 13,03,959.72/- (Rupees Thirteen lakh three thousand nine hundred fifty nine and seventy - two paise only) towards the applicable GST payable by Respondents along with the accrued interest thereon at the rate of 18 per cent per annum from the date of payment of the GST amount by the petitioner till the date of actual realisation of the same by Respondents.

II. Pass any other order(s) as this Hon’ble Court may deem fit in interest of justice and equity.

WP No.109372/2025

i. Issue a writ of Mandamus directing Respondents to pay to the Petitioner a sum of Rs.9,04,509.60/- (Rupees Nine lakh four thousand, five hundred nine and sixty paise only) towards the applicable GST payable by Respondents along with the accrued interest thereon at the rate of 18 percent per annum from the date of payment of the GST amount by the Petitioner till the date of actual realization of the same by Respondents.

ii. Pass any other order(s) as this Hon’ble Court may deem fit in interest of justice and equity.

WP No.109382/2025

i. Issue a writ of Mandamus directing Respondents to pay to the Petitioner a sum of Rs.10,38,761.64/- (Rupees Ten lakhs thirty eight thousand seven hundred sixty one rupee and sixty four paisa only) towards the applicable GST payable by Respondents along with the accrued interest thereon at the rate of 18 percent per annum from the date of payment of the GST amount by the Petitioner till the date of actual realisation of the same by Respondents.

ii. Pass any other order(s) as this Hon’ble Court may deem fit in interest of justice and equity.

WP No.109386/2025

i. Issue a writ of Mandamus directing Respondents to pay to the Petitioner a sum of rs.21,61,395.84/- (Rupees Twenty- one lakh sixty-one thousand three hundred ninety-five and eight-four paisa only) towards the applicable GST payable by Respondents along with the accrued interest thereon at the rate of 18 percent per annum from the date of payment of the GST amount by the Petitioner till the date of actual realisation of the same by Respondents

ii. Pass any other order(s) as this Hon’ble Court may deem fit in interest of justice and equity.

WP No.109390/2025

i. Issue a writ of Mandamus directing Respondents to pay to the Petitioner a sum of Rs.7,33,533.56/- (Seven lakhs Thirty three thousand five hundred thirty three rupees and fifty six paisa only) towards the applicable GST payable by Respondents along with the accrued interest thereon at the rate of 18 percent per annum from the date of payment of the GST amount by the Petitioner till the date of actual realisation of the same by Respondents.

ii. Pass any other order(s) as this Hon’ble Court may deem fit in interest of justice and equity.

WP No.109392/2025

i. Issue a writ of Mandamus directing Respondents to pay to the Petitioner a sum of Rs.6,55,284.98/- (Six lakhs fifty five thousand two hundred eighty four rupees and ninety eight paisa only) towards the applicable GST payable by Respondents along with the accrued interest thereon at the rate of 18 percent per annum from the date of payment of the GST amount by the Petitioner till the date of actual realisation of the same by Respondents.

ii. Pass any othe

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