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BHIM DUTT PANDE SON OF RAM PHER PANDE vs. UNION OF INDIA THROUGH, MINISTRY OF RAILWAYS, NEW DELHI AND 3 OTHERS
(Allahabad High Court)

Hon'ble Judges:

BISWANATH SOMADDER
YOGENDRA KUMAR SRIVASTAVA
Pet. Counsel
Mahabir Yadav
Res. Counsel
Ravi Prakash Pandey

Petitioner / Applicant

BHIM DUTT PANDE SON OF RAM PHER PANDE
Respondent UNION OF INDIA THROUGH, MINISTRY OF RAILWAYS, NEW DELHI AND 3 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Feb 14, 2020
Order No.

Writ Tax No. - 248 of 2018

Citation

2020(2) TAXREPLY 1427
Original Order
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ORDER

ORDER The petitioner has approached this Court seeking its intervention for the purpose of restraining the respondent – North Central Railway Administration – to deduct any amount more than 2% in the name of tax from the bill of the writ petitioner. The petitioner claims to be a Railway Civil Contractor based at Allahabad. According to the petitioner, he had participated in a bid for execution of annual repairs and maintenance of zonal work for GM bungalow and officers quarters in terms of a tender which was uploaded on 28th March, 2017. According to the petitioner, he had quoted his rate before the North Central Railway Administration in anticipation that he would be liable for the taxation at the rate of 2% {VAT (4-2)+Service Tax 0%}. It is the specific case of the writ petitioner that in the meantime, VAT and Service Tax was replaced by GST and the new taxation system came into force on 1st July, 2017, whereupon the writ petitioner was held liable for GST ....

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