D.B.S. Construction Pvt. Ltd. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5708 of 2022 ====================================================== D.B.S. Construction Pvt. Ltd. Tar Bunglow More, P.O. and P.S. - Dehri, District- Rohtas through its Managing Director, Sunil Kumar Singh, male, aged about 57 years, Son of Sri Daroga Singh, Resident of New Dillia Sambika Path, P.S. - Dehri, District - Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Rural Works Department. 2.
The Secretary cum Authorized Officer, Bihar Rural Road Development Authority (BRRDA), Rural Works Department, Government of Bihar, Patna. 3.
The Executive Engineer, Dehri Work Division, Rural Works Department, District- Rohtas.
4.
The Executive Engineer, Sasaram Work Division, Rural Works Department, District- Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Harsh, Adv.
For the Respondent/s :
Ms. Archana Meenakshee (GP-6) with Ms. Karandeep Kumari, AC to GP-6.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-06-2024 Learned counsel appearing on behalf of the petitioner has stated that though the grievance of the petitioner with regard to the payment of the admitted dues has been redressed, however, the authorities have deducted GST at the rate of 18% for the contract which was entrusted to them in the year 2009 and completed before the year 2015. Learned counsel has stated that at that point of time the Value Added Tax (VAT) was prevalent, however, the authorities have deducted GST which has come into effect in the year 2018 on the ground that the
Patna High Court CWJC No.5708 of 2022(7) dt.25-06-2024 2/2 payments are being made now. Learned counsel seeks to withdraw the present writ petition with a liberty to approach the appropriate authorities for refund of the GST which has been illegally deducted.
2. Having regard to the same, the present writ petition stands disposed of as withdrawn with the aforesaid liberty. In case, the petitioner makes any representation for refund of the GST deducted, the authorities are directed to dispose of the same strictly in accordance with law as expeditiously as possible preferably within a period of eight weeks from the date of the said representation.
(A. Abhishek Reddy, J) shakir/- U