2024 (7) TMI 1446 - HC - GST

Municipal Council Ordered to Comply with Judgment for GST Reimbursement, Writ Petition Ruled in Favor of Petitioner.

The HC directed the respondent Municipal Council to adhere to a prior judgment mandating the reimbursement of GST payments to the petitioner. The court ... Seeking reimbursement of GST payment from Municipal Council - grievance of the petitioner as echoed in this petition is that the said order has not been complied with by the Municipal Council, Bhind in letter and spirit and reimbursement is yet to be made to the petitioner - HELD THAT:- Reliance placed upon the judgment of the Coordinate Bench in M/S M.K. ENGINEERS VERSUS THE STATE OF MADHYA PRADESH, PROJECT ENGINEER JABALPUR, MANAGING DIRECTOR M.P. POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., SUPERINTENDING ENGINEER OFFICER OF CHIEF COMMISSIONER CUSTOMS [2023 (10) TMI 1419 - MADHYA PRADESH HIGH COURT] in which it was held that 'In case the amount so claimed by petitioner is undisputed and due then the same shall be released or else if there is any legal impediment in releasing the same, then a speaking order shall be passed assigning reason for declining the claim within an outer limits of 30 days from the date of receipt of representation.' and petitioner seeks parity with that order.' On going through the documents annexed with the petition as well as order of the Coordinate Bench dated 06th October, 2023 this writ petition is disposed of with the direction that respondent/ Municipal Council, Bhind shall comply the directions as contained in the above case, mutatis mutandis. The petition is disposed off. The petitioner filed a petition under Article 226 as respondent Municipal Council did not reimburse GST payment. The court directed the Municipal Council to comply with the directions given in a previous judgment regarding the reimbursement. The writ petition was disposed of accordingly.