2022 (1) TMI 98 - HC - GST

Contractor Challenges Tax Reimbursement After VAT to GST Transition for Works Contracts Executed Post-July 2017

M/s. Bhanjadeo Constructions Versus State of Odisha and Ors.

The HC addressed a contractor's challenge regarding non-reimbursement of differential tax amounts following the transition from VAT to GST for works ... Reimbursement of differential tax amount arising out of change in tax regime from Value Added Tax (VAT) to Goods and Service Tax (GST) - 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 - HELD THAT:- The Government has now come out with a revised guidelines in this respect in supersession of the guidelines issued vide Finance Department letter dated 7th December, 2017. He has filed Additional Counter Affidavit of Opposite Party-authority in similar cases annexing the revised guidelines relating to works contract under GST issued by the Government of Odisha, Finance Department. In that view of the matter, the Petitioner shall make a comprehensive representation before the appropriate authority within four 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 revised guidelines dated 10th December, 2018 issued by the Finance Department, Government of Odisha, as expeditiously as possible, preferably within a period of three months from the date of receipt of the certified copy of this order - If the Petitioner will be aggrieved by the decision of the authority, it will be open for the Petitioner to challenge the same. Petition disposed off. Issues:Challenge to non-reimbursement of differential tax amount due to change from VAT to GST in works contract.Analysis:The petitioner challenged the opposite parties for not reimbursing the differential tax amount resulting from the shift in tax regime from Value Added Tax (VAT) to Goods and Service Tax (GST) effective from 1st July, 2017. The main issue highlighted was the difficulty faced by contractors due to the change in the regime concerning works contracts under GST. The petitioner's grievance stemmed from the unexpected tax obligations arising post the introduction of GST, which were not accounted for during the agreement's inception.The Government responded by issuing revised guidelines superseding the previous ones, addressing the concerns raised by contractors regarding additional GST amounts for works tendered before 1st July, 2017, but executed partly or wholly after the said date. The revised guidelines clarified the treatment of works contracts under GST, emphasizing the need for contractors to raise tax invoices separately showing the taxable work value and GST components. Additionally, procedures were outlined for determining the GST-inclusive work value for balance works executed post-GST implementation, ensuring fair reimbursement or reduction in payments based on revised estimates.The Court directed the petitioner to submit a comprehensive representation to the appropriate authority within four weeks, following which the authority was mandated to review and resolve the grievance in line with the revised guidelines within three months of receiving the order's certified copy. The petitioner was granted the right to challenge the authority's decision if aggrieved, with a stay on coercive actions against the petitioner until the authority's decision. Ultimately, the writ petition was disposed of in accordance with the outlined directives, emphasizing adherence to the revised guidelines and due process in addressing the petitioner's concerns.