Balukrishna M.B vs. The District Collector

WP(C)/29817/2023HC KeralaGSTCNR KLHC01065544202327 November 2023Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN4 pages
For Petitioner: NISHA GEORGE, ANN MARIA FRANCIS, GEORGE POONTHOTTAM (SR.), KAVYA VARMA M. M
AI SummaryAllowed

Held

The High Court allowed the writ petition, directing the respondents to pay the petitioner Rs. 2,71,566/- along with applicable GST. This payment is to be made within three months from the date of receipt of the judgment.

Facts

A government contractor filed a writ petition seeking payment for a contract, including the Goods and Services Tax (GST) component. The Senior Government Pleader conceded that the GST component was included in the contract amount, entitling the petitioner to the claimed sums.

Key Issues

The key legal issue was whether the petitioner, a government contractor, was entitled to receive the GST component as part of their contract payment, given the government's concession that it was included in the contract amount.

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

WP(C) NO. 29817 OF 2023
T.C. 17/20

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 27TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 WP(C) NO. 29817 OF 2023 PETITIONER: BALUKRISHNA M.B., AGED 42 YEARS, S/O. C. BALAKRISHNAN NAIR, WORKING AS GOVERNMENT CONTRACTOR, RESIDING AT MRIDULA VIHAR, T.C. 17/203, CHADIYARA, POOJAPPURA P.O., THIRUVANANTHAPURAM, PIN – 695012. BY ADVS. NISHA GEORGE ANN MARIA FRANCIS GEORGE POONTHOTTAM (SR.) KAVYA VARMA M. M. RESPONDENTS: 1 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM – 682031. 2 PRATHEEKSHA BUS SHELTERS KERALA LIMITED, (GOVT. OF KERALA UNDERTAKING), GNA NO. 215, T.C. 101, 102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695014, REPRESENTED BY ITS MANAGING DIRECTOR. 3 PROJECT ENGINEER, PRATHEEKSHA BUS SHELTERS KERALA LIMITED, (GOVT. OF KERALA UNDERTAKING), GNA NO. 215, T.C. 101, 102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN – 695014. BY ADV.SRI.K.V.MANOJ KUMAR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 29817 OF 2023 -2- JUDGMENT When this matter was ca

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.