Peter Kuriakose vs. State Of Kerala
Held
The Court directed the 4th respondent (Executive Engineer, PWD) to consider the petitioner's representation in light of the Government Order (Ext.P3) and disburse the amounts due within three months.
Facts
A contractor completed a PWD work and remitted 12% GST on the bills. He sought disbursement of 'Net GST Compensation' as per a Government Order (Ext.P3), which had not been paid despite his representation (Ext.P4).
Key Issues
Whether the petitioner is entitled to the disbursement of 'Net GST Compensation' for a completed public works contract, and if the authorities should consider his representation in light of a relevant Government Order.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 16TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943 WP(C) NO. 29186 OF 2021 PETITIONER/S: PETER KURIAKOSE AGED 55 YEARS S/O.K.A.KURIAKOSE, RESIDING AT KUNNATHU HOUSE, CEZ.P.O, KAKKANAD, ERNAKULAM-682037. BY ADV BIJU MATHEW RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE CHIEF ENGINEER,PWD (BUILDINGS), PUBLIC OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033. 3 THE SUPERINTENDING ENGINEER, PWD (BUILDINGS), NORTH CIRCLE, PWD COMPLEX, KOZHIKODE-673001. 4 THE EXECUTIVE ENGINEER, PWD (BUILDINGS), PALAKKAD DIVISION, PALAKKAD-680020. SMT. THUSHARA JAMES, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29186 OF 2021 2 J U D G M E N T The petitioner has entered into Ext.P1 agreement with the 3rd respondent for the work 'Boys Hostel for Government Engineering College, Sreekrishnapuram, Palak
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.
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.