Thoppil Infrastructure PVT. LTD. vs. The State Of Kerala
Held
The High Court directed the 1st respondent (State of Kerala) to consider and pass orders on the petitioner's representation (Ext.P10) for GST reimbursement within two months, after providing an opportunity of hearing to the petitioner.
Facts
A PWD contractor executed works for the Public Works Department between 2017 and 2019, claiming the contracts excluded GST liability and that GST should be reimbursed separately. The contractor's representation for GST reimbursement (Ext.P10) remained undecided by the State of Kerala.
Key Issues
Whether the petitioner, a PWD contractor, is entitled to reimbursement of GST over and above the quoted contract amounts for works executed, and the failure of the State to decide on this claim.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944 WP(C) NO. 16473 OF 2022 PETITIONER: THOPPIL INFRASTRUCTURE PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, THAJUDEEN A., S/O.ALIKANNU, THOLIKKUZHI, ADAYAMON P.O., KILIMANOOR, THIRUVANANTHAPURAM-695 614. BY ADV AJITH KRISHNAN RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ROADS, PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033. 4 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT ROADS, PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033 5 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033 BY ADV. THUSHARA JAMES, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.16473/2022 -2- J U D G M E N T The petitioner who is a PWD Contractor had
The judgment continues below.
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