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ASHA ALPANA ENTERPRISE & OTHER vs. THE STATE OF WEST BENGAL & OTHER
(Calcutta High Court)

Hon'ble Judges:

MD. NIZAMUDDIN

Pet. Counsel

Himangshu Kumar Ray

Shiwani Shaw

Res. Counsel

Anirban Ray

Petitioner / Applicant	ASHA ALPANA ENTERPRISE & OTHER
Respondent	THE STATE OF WEST BENGAL & OTHER
Court	Calcutta High Court
State	West Bengal
Date	Sep 19, 2023
Order No.	WPA 22048 OF 2023
Citation	2023(9) TAXREPLY 8669
Original Order
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ORDER
Affidavit-of-service filed in court be kept with the record. 2. Heard learned Counsel appearing for the parties. 3. This writ petition has been filed for the relief by way of direction upon the respondents authority concerned to bear the additional tax liability for execution of subsisting Government contracts either awarded in the pre-GST regime or in the post GST regime without updating the Schedule of Rates (SOR) incorporating the applicable GST while preparing Bill of Quantities (BOQ) for inviting the bids. The petitioner has also prayed for relief of issuance of direction upon the respondents authority concerned to neutralize the impact of unforeseen additional tax burden on Government contracts since the introduction of GST w.e.f. 1st July, 2017 for ongoing contract awarded before the said date and to update the State SOR incorporating applicable GST in lieu of inapplicable West Bengal VAT henceforth. 4. Considering the submissions of the parties this writ petition....