Disposed

M/S Vinod Kumar Jain v. State of Chhattisgarh

Chhattisgarh HC21 Nov 2023WPC/4822/2023

Case brief

AI extract

What is this about?

A writ petition seeking reimbursement of GST paid on a government contract or a direction to decide a pending representation. The court directed the respondents to consider and decide the fresh representation within a stipulated period without adjudicating merits.

What did the court decide?

Petitioner directed to file fresh representation within two weeks; Respondents No.2 and 4 to decide same within 60 days.

M/S Vinod Kumar Jain Vs State of Chhattisgarh — Consumer Protection | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 4822 of 2023

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M/s Vinod Kumar Jain Through Its Proprietor Mr. Vinod Kumar Jain S/o Hanuman Prasad Jain, Aged About 57 Years, R/o College Road, Jashpurnagar, Jashpur, Chhattisgarh.

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---- Petitioner

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Versus

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1. State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Having His Office At Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.

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2. Chhattisgarh Housing Board Through Its Commissioner, Paryawas Bhavan Sector-19, North Block Nava Raipur, Atal Nagar, Distt. Raipur 492002

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3. Additional Commissioner Chhattisgarh Housing Board, Paryawas Bhavan Sector- 19, North Block Nava Raipur, Atal Nagar, Distt. Raipur 492002

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4. Executive Engineer Chhattisgarh Housing Board Division Kondagaon, D.N.K. Of Road, Sumati Complex, Kondagaon, Pin No. 494226 ---- Respondents

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For Petitioner :-	Mr. Apurv Goyal, Advocate
For Respondent/State :-	Ms. Sameeksha Gupta, PL
For Respondents No.2 to 4:-	Mr. Anumeh Shrivastava, Advocate

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Hon’ble Shri Justice Naresh Kumar Chandravanshi Order On Board

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21.11.2023

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Heard on admission.

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The petitioner has preferred the instant writ petition seeking following reliefs:-

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“1. That, this Hon’ble Court may kindly be pleased to issue a writ/ writs, direction/ directions, order/ orders to the Respondents to reimburse the GST amount paid by the Petitioner firm; or alternatively

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That, this Hon’ble Court may kindly be pleased to issue a writ/ writs, direction/ directions, order/ orders

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to the Respondents to decide the representation dated 25.9.2023;

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That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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Learned counsel for the petitioner would submit that pursuant to Tender No.18488 issued by Respondent No.2 in which petitioner was a successful bidder, an agreement (no. 02/2017-18) was entered in between the petitioner and the respondent on 05.08.2017, while submitting bid document, petitioner had calculated and quoted price for services, considering prevailing tax implications up to July 2017. Subsequently, percentage of GST rate was enhanced from previous 10-12% to 18% and which was made effective from 01.7.2017. It is further submitted that various departments of Government of Chhattisgarh have acknowledged the issued and have issued department wise orders to mitigate the additional tax burden resulting from the GST implementations. He would further submit that petitioner has paid all the taxes as per new regime and therefore, he has made representation dated 25.9.2023 for reimbursement of GST, but, his representation has not been decided by respondent authorities, therefore, he prays that this petition may be disposed of directing respondents No.2 and 4 to consider and decide the representation within a stipulated period. He would next submit that he is also ready to file fresh representation for redressal of his grievance.

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Learned counsel appearing for respondents No. 2 to 4 would submit that he has no objection to allow the limited prayer of the petitioner.

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Having considered the submissions putforth by learned counsel for both the parties petitioner is directed to file fresh representation in this regard within two weeks from today and subsequently, respondents No.2 and 4 are directed to consider and decide the same within an outer limit of 60 days after filing of representation by petitioner in accordance with applicable laws

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and rules.

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Respondents No.2 and 4 are expected to keep in mind previous orders passed by this Court in respect of similar cases.

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With the above observation and direction, the writ petition stands disposed of.

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It is made clear that this Court has not touched the merit of the case. SD/-

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( Naresh Kumar Chandravanshi ) Judge

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Ayushi

M/S Vinod Kumar Jain v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

M/S Vinod Kumar Jain v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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