J.Abdul Vahid vs. State Of Kerala

WP(C)/7646/2022HC KeralaGSTCNR KLHC01016610202210 November 2022Bench: HONOURABLE MR. JUSTICE GOPINATH P.4 pages
For Petitioner: R.SUNIL KUMAR, A.SALINI LAL
AI SummaryAllowed

Held

The High Court directed the Director, Industries Department, to consider and pass orders on the petitioner's representation seeking GST reimbursement within two months. This decision must be made after affording the petitioner an opportunity of hearing, without the Court expressing any opinion on the merits of the claim.

Facts

A contractor sought reimbursement of the GST component for work carried out for KITCO Ltd. and had filed a representation with the Director, Industries Department, seeking this reimbursement. The representation remained undecided, prompting the petitioner to approach the High Court for a direction.

Key Issues

The key legal issue was whether the respondent authority should be directed to consider the petitioner's pending representation regarding their claim for reimbursement of the GST component for contract work.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944 WP(C) NO. 7646 OF 2022 PETITIONER: J.ABDUL VAHID, AGED 59 YEARS, S/O JAMALUDEEN KUNJU, E. J. CONSTRUCTIONS, KURUNDANTAYYATHU HOUSE, KADATHOOR P. O., THAZHAVA, KOLLAM. BY ADVS. R.SUNIL KUMAR A.SALINI LAL RESPONDENTS: 1 STATE OF KERALA, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, GOVT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR INDUSTRIES DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033. 3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 033. 4 THE MANAGING DIRECTOR, KITCO LTD., FEMITH'S P. B. NO.4407, PUTHIYA ROAD, N. H. BYE PASS, VENNALA, KOCHI – 682 028. ADV. THUSHARA JAMES (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 7646 OF 2022 2 JUDGMENT The petitioner has approached this Court seeking a limited relief. The petitioner is a contractor, who bid for certain work tendered by the 4th respondent. According to the petitioner, the petitioner

The judgment continues below.

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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.