File representation with appropriate authority for Reimbursement of differential tax amount due to change in tax regime from VAT to GST: HC

Kailash Chandra Bisoyi Vs State of Odisha (Orissa High Court) 

The main issue involved in such matters is that the difficulty faced by the contractors due to change in the regime regarding works contract under GST. The grievance of the petitioner is that in view of the introduction of the GST, petitioner is required to pay tax which was not envisaged while entering into the agreement.

Government has now come out with a revised guidelines in this respect in supersession of the guidelines issued vide Finance Department letter dated 07.12.20 17. He has filed Additional Counter Affidavit of O.P.-authority in similar cases annexing the revised guidelines relating to works contract under GST issued by the Government of Odisha, Finance Department vide Office memorandum No. FIN-CTI­TAX-0045-2017/38535/F Dated 10.12.2018.

HC held that petitioner shall make a comprehensive representation before the appropriate authority within two weeks from today ventilating the grievance. If such a representation is filed, the authority will consider and dispose of the same, in the light of the aforesaid revised guidelines dated 10.12.2018 issued by the Finance Department, Government of Odisha, as expeditiously as possible, preferably by 15.03.2021 .

FULL TEXT OF THE JUDGMENT/ORDER OF ODISHA HIGH COURT

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