M/S Gaanesh Kartikey Constructions PVT LTD vs. Union Of INDIA And Ors

CWP/11722/2023HC Punjab and HaryanaGSTCNR PHHC01070336202329 May 2023Bench: MS. JUSTICE RITU BAHRI,MRS. JUSTICE MANISHA BATRA2 pages
AI SummaryRemanded

Held

The Court did not delve into the merits of whether the TDS was actually deposited or not. Instead, it focused on the procedural aspect of the petitioner's representation. The Court directed respondent No. 5 to consider the petitioner's representation dated 29.12.2022 and take a final decision thereon, in accordance with law, within a period of four weeks from the date of receiving a certified copy of the order. The Court did not make any specific findings on the amount in dispute or the alleged negligence of the department. The operative direction was to decide the pending representation.

Facts

The petitioner, a taxpayer, sought a direction from the High Court to respondent No. 5, the Executive Engineer, Construction Division, PWD B&R, Pathankot, to deposit Rs. 1,90,988/-. This amount was deducted as Tax Deducted at Source (TDS) at 2% from the petitioner's third running bills under Section 51 of the CGST and SGST Acts. The petitioner alleged that this deducted TDS was not reflecting on the GST portal. A representation dated 29.12.2022 was made by the petitioner to respondent No. 5, highlighting the delay in depositing the TDS and requesting credit to the deductee. The petitioner claimed to be facing hardship due to the department's alleged negligence.

Key Issues

1. Whether respondent No. 5 has failed to deposit the TDS amount of Rs. 1,90,988/- deducted from the petitioner's running bills under Section 51 of the Central Goods and Services Tax Act, 2017 and State Goods and Services Tax Act, 2017, with the GST portal, and if so, what is the consequence? Petitioner's contention: The petitioner argued that the TDS amount deducted from their bills has not been deposited on the GST portal, causing them hardship. They relied on their representation dated 29.12.2022 to respondent No. 5 for timely deposit and credit to the deductee. Revenue's contention: The judgment does not record any specific arguments or contentions from the revenue or respondent No. 5. Mr. Gurinderjit Singh, Sr. Panel Counsel, accepted notice on behalf of the Union of India.

Sections Cited

Section 51

AI-generated summary — verify with the full judgment below

2023:PHHC:079900-DB IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

138

CWP No.11722 of 2023 Date of decision:29.05.2023

…. Petitioner

Versus

…. Respondents

CORAM: HON’BLE MS. JUSTICE RITU BAHRI

HON’BLE MRS. JUSTICE MANISHA BATRA

Present : Mr.. Sandeep Singh, Advocate for the petitioner.

****

RITU BAHRI, J. (oral)

In the present petition the petitioner is seeking issuance of direction to respondent No.5 to deposit Rs.1,90,988/- i.e. the amount deducted from the third running bills under Section 51 of the Central Goods and Services Tax Act, 2017 & State Goods and Services Tax Act, 2017 against the GSTIN number of the petitioner with the GST portal maintained by respondent No.

1.

This deduction as TDS @2% is not showing on the GST portal. A detailed representation has been made by the petitioner on 29.12. 2022 (Annexure P-5) to the Executive Engineer, Construction Division, PWD B& R, Pathankot to deposit the TDS on time and to pass the credit to the deductee. The petitioner is facing unnecessary hardship due to negligence on the part of the department.

Noti

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