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<h1>Petition disposed; respondents must consider request and refund additional 6% GST taken due to 12%?18% change</h1> Petition disposed by HC without deciding merits; respondents directed to consider petitioner's request for reimbursement in accordance with the committee ... Enhancement of GST rate - execution of several works with the Government of UT of Ladakh having been awarded the contracts prior to 13th of July, 2022 - HELD THAT:- This petition is disposed of without addressing the merits of the case, with a direction to the respondents to consider the request of the petitioner for reimbursement in terms of the decision of the committee of officers headed by Chief Engineer, PW (R&B)/PMGSY and the communication of Deputy Secretary to the Ladakh Administration, UT of Ladakh, Public Works (R&B) Department dated 11th of July, 2024 calling upon the Chief Engineer, PW (R&B)/PMGSY/Mechanical and Chief Engineer, PHE/I&FC to reimburse additional 6% of GST, if any, deducted by the DDOs on account of change in GST rates from 12% to 18% w.e.f. 18th of July, 2022 within a period of six weeks from the date copy of this order is served upon the concerned Chief Engineer/Department. Petitioner, having executed government works under contracts awarded before Notification No. 03/2022-Central Tax (Rate) (which increased GST from 12% to 18% w.e.f. 18/7/2022), sought reimbursement of the increased tax component. A committee of officers headed by the Chief Engineer, PW (R&B)/PMGSY decided to 'reimburse 6% of GST deducted from the contractors on account of change in GST rates from 12% to 18% w.e.f. 18th of July, 2022.' Petitioner's representation of 24/12/2024 remained unconsidered for over eight months. Petition was disposed of without addressing merits and with a mandating direction: respondents are to consider the petitioner's request 'in terms of the decision of the committee of officers' and the communication dated 11/7/2024 calling upon the Chief Engineer(s) to 'reimburse additional 6% of GST, if any, deducted by the DDOs on account of change in GST rates from 12% to 18% w.e.f. 18th of July, 2022' within six weeks from service of the order on the concerned Chief Engineer/Department.
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