B H G Constructions vs. State Of Karnataka
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Cause title — parties, addresses and appearances
ORAL ORDER
The petitioner is before this Court seeking for the following reliefs; (a) Issue a writ or such other order directing the Respondent No. 2 to Pay/Reimburse GST @ 12% calculated on the total taxable value of Rs. 3,08,08,380 Towards on the work done as per the Supplementary Agreement dated 22.01.2024 bearing Supplementary Agreement No. 11/23-24 on Original Agreement No. 15/2020-21, 22.01.2024 bearing Supplementary Agreement No. 12/23-24 on Original Agreement No. 16/2020-21, 22.01.2024 bearing Supplementary Agreement No. 13/23-24 on Original Agreement No. 17/2020-21, and 22.01.2024 bearing Supplementary Agreement No. 14/23-24 on Original Agreement No. 18/2020-21 vide Annexures - L, M, N and O. (b) Issue a writ or such other order directing the Respondent No. 2 to Pay/Reimburse GST @ 12% calculated on the total taxable value of Rs. 30,23,969 HC-KAR NC: 2025:KHC:43303 for the period July 2023 and further GST @ 12% calculated on the total taxable value of Rs. 91,65,959 for the period December 2022 Towards on the work done as per the Supplementary Agreement dated 22.01.2024 bearing Supplementary Agreement No. 12/23-24 on Original Agreement No. 16/2020-21, vide Annexure - M which stands to the credit of the GST Department. (c) In the alternative Issue a writ or such other order in the nature of Mandamus directing the Respondent No.2 to consider the Representation of the Petitioner dated 03.08.2023 and produced as Annexure-H. (d)Pass such other orders as may be deemed appropriate under the circumstances of the case, in the ends of justice.
Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the petition. Memo reads as under:
MEMO FOR WITHDRAWAL
The petitioners respectfully submit as under:
The Petitioner is invoking the writ juri iction of this Hon'ble Court seeking payment of the differential tax and are seeking writ of mandamus to the State Govt and the Govt authorities who have entered into agreements with the Petitioner to reimburse the differential tax amount in accordance with section 13 of the GST Act 2017 and in the alternative to consider the representations sent vide Annexure-H.
That during the pendency of the above Writ Petition, the Respondent No. 2 have entered into a HC-KAR NC: 2025:KHC:43303 Supplementary Agreement which formed the subject of the present proceedings.
In view of the execution of the Supplementary Agreement, the Petitioner does not wish to pursue the present Writ Petition any further. WHEREFORE the petitioners most respectfully prayed that this Hon'ble Court may be pleased to permit the Petitioner to withdraw the above Writ Petition, in the interest of justice and equity.
Accepting the submission of learned counsel and taking the memo on record, the petition is dismissed as withdrawn. (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 94
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.