P. C. George vs. State Of Kerala
Held
The High Court directed the 1st respondent (State of Kerala) to consider the petitioner's representation regarding the GST claim within three months, after hearing the petitioner and the 4th respondent. If found eligible, the due amounts must be disbursed without further delay.
Facts
A contractor completed work and claimed GST amounts based on government circulars and orders, alleging delay by the respondents in sanctioning and disbursing these amounts. The petitioner had not yet paid the GST to the department, anticipating the refund from the government.
Key Issues
Whether the government authorities were unduly delaying the sanction and disbursement of GST amounts due to a contractor as per existing government circulars and orders.
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 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943 WP(C) NO. 30617 OF 2021 PETITIONER: P. C. GEORGE, AGED 63 YEARS S/O. CHANDY, CONTRACTOR, PUNNAPUZHA HOUSE, KILLIMANGALAM P. O., THRISSUR DISTRICT, PIN - 680591. BY ADVS. BABU JOSEPH KURUVATHAZHA K.S.ARCHANA MOHAMMED SHAFI.K RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 CHIEF ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, 5TH FLOOR, SWARAJ BHAVAN, NANDANCODE, KOWDIAR P. O., THIRUVANANTHAPURAM - 695 003. 3 EXECUTIVE ENGINEER PROGRAMME IMPLEMENTATION UNIT (PIU), PALAKKAD - 678 001. 4 COMMERCIAL TAX OFFICER (GST) POOTHOLE, THRISSUR - 680 004. DR.THUSHARA JAMES, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.30617 OF 2021 2 BECHU KURIAN THOMAS, J ======================= W.P.(C) No. 30617 of 2021 ------------------------------- Dated this the 13 th day of January, 2022 JUDGMENT Petitioner is aggrieved by the alleged delay o
The judgment continues below.
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