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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Noorahamed Mujawar Civil Contractor And Material Supplier Represented By Its Proprietor Noorahamed F Mujawar – Appellant
Versus
Commercial Tax Officer, LGSTO-310, D. C. Compound, Dharwad – Respondent
| Table of Content |
|---|
| 1. petitioner's request for judicial relief. (Para 1 , 2) |
| 2. contention regarding tax burden transition from vat to gst. (Para 3 , 4) |
ORDER :
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
“I. The Petitioner most respectfully prays that this Hon’ble High Court may be pleased to issue a Writ of Certiorari or a direction in the nature of a Writ quashing the impugned adjudication order bearing no.CTO/LGSTO-310/ORDER-74/50/2024-25/B-
5458, dated 04.02.2025, for the period 2017-2018 (vide Annexure-B) passed by the respondent No.1 II. Pass such other Order or further Orders as this Hon’ble Court may deems fit in the facts and circumstances of this case, in the interest of justice and equity.
III. This Hon’ble High Court may be pleased to issue such other writ or writs or directions in the nature of a writ as this Hon’ble High Court may deem it fit to grant in the facts and circumstances of the petitioner’s case.”
2. Heard the learned counsel Shri H.R. Kambiyavar appearing for the petitioner; learned AGA Shri T.Hanumareddy appearing for respondent Nos.1 to 4; and learned counsel Shri M.B. Kanavi appearing for resp
The court ruled that GST does not apply to works contracts completed before 01.07.2017, directing a review of tax liabilities on such contracts and clarifying reimbursement obligations for differenti....
Contractors are entitled to reimbursement of differential taxes arising from the transition from VAT to GST based on previous agreements, ensuring compliance with both existing guidelines and timelin....
Mandatory reimbursement of differential GST amounts by contracting authorities for works executed pre-GST, respecting established tax laws and prior contractual obligations.
The court affirmed the applicability of prior tax assessment rules over new GST regulations for works contracts executed prior to GST implementation, ensuring equitable treatment for contractors rega....
Prior tax regime remains applicable for works contracts executed pre-GST, preventing retroactive GST imposition.
Contractual agreements dictate that indirect taxes like GST, not included in the bid price, are the employer's responsibility; contractors are entitled to reimbursement.
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