M/S. Vriddhi Infratech INDIA PVT LTD. vs. The Executive Engineer
Held
The High Court directed the CPWD Director General (2nd respondent) to consider the petitioner's representations (Ext.P9 and Ext.P10) regarding the alleged errors in the GST reimbursement calculation methodology within three months, after providing an opportunity of hearing. The 1st respondent was directed to forward the representations.
Facts
A construction contractor (petitioner) alleged that the Central Public Works Department (CPWD) implemented an incorrect methodology for calculating GST reimbursement to contractors through a 2020 circular, leading to significant financial loss due to anomalies in the model calculation sheet. The petitioner had submitted representations to the CPWD regarding these alleged errors.
Key Issues
Whether the CPWD's revised methodology for calculating GST reimbursement to contractors, as detailed in its 2020 office memorandum/circular, contains crucial mistakes, and whether the petitioner's representations highlighting these anomalies should be duly considered by the competent authority.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943 WP(C) NO. 5286 OF 2022 PETITIONER: VRIDDHI INFRATECH INDIA PVT. LTD. PLOT NO.330/1, GROUND FLOOR, ROAD NO.25, BANJARA HILLS, HYDRABAD - 500034, TELENGANA, REPRESENTED BY ITS VICE PRESIDENT, VENKATA RATNA PRASAD Y. BY ADV M.S.AMAL DHARSAN RESPONDENTS: 1 THE EXECUTIVE ENGINEER CENTRAL PUBLIC WORKS DEPARTMENT (CPWD), OFFICE OF THE EXECUTIVE ENGINEER, IISER TVM PROJECT DIVISION -1, MELETHUMELE, VATTIYOORKAVU P. O., THIRUVANANTHAPURAM - 695013. 2 THE DIRECTOR GENERAL CENTRAL PUBLIC WORKS DEPARTMENT (CPWD), A WING, ROOM NO.101, NIRMAN BHAWAN, NEW DELHI - 110 011. OTHER PRESENT: ADV. MANU.S -ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5286 OF 2022 2 BECHU KURIAN THOMAS, J. =========================== W.P.(C) No.5286 of 2022 ============================ Dated this the 17th day of February, 2022 JUDGMENT The petitioner is engaged in construction works as a contractor, and claims to have carried out several works for the Central Public
The judgment continues below.
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