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RBIPPL AND SRCC (JV) GWALIOR BHAGWATI COLONY MORAR GWALIOR vs. THE MUNICIPAL COUNCIL BHIND
(Madhya Pradesh High Court)

Hon'ble Judges:

ANAND PATHAK
RAJENDRA KUMAR VANI
Pet. Counsel
Pawan Dwivedi
Res. Counsel
---

Petitioner / Applicant

RBIPPL AND SRCC (JV) GWALIOR BHAGWATI COLONY MORAR GWALIOR

Respondent THE MUNICIPAL COUNCIL BHIND
Court Madhya Pradesh High Court
State

Madhya Pradesh

Date Jul 22, 2024
Order No.

Writ Petition No. 20255 of 2024

Citation

2024(7) TAXREPLY 10321
Original Order
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ORDER

ORDER PER: JUSTICE ANAND PATHAK 1. The present petition under Article 226 of the Constitution of India is filed being crestfallen by the action/ inaction on the part of the respondent whereby respondent/ Municipal Council did not reimburse the GST payment of the petitioner @ 2.85% of the total contract value. 2. It is the submission of learned counsel for the petitioner that Goods and Services Tax (GST) came into play on 1st July, 2017 and prior to it, works contracts were not having the liability of payment of service tax at all and VAT tax to some extent. However, with the promulgation of tax relief, GST tax over such activities came into force. To wriggle out such complication, the Department of Urban Development and Housing Madhya Pradesh vide order dated 23-10-2020 (Annexure P-6) has taken a decision to reimburse certain percentages of the tax liability over total contract value to the contractor. 3. Grievance of the petitioner as echoed in this petition is that....

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