2023 (2) TMI 982

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....am Niyojan (Barh) Mandal, Sichai Bhawan, Annexee, Lucknow, contained in ANNEXURE No. 1 to this Writ Petition. ii. Issue a writ order or direction in the nature of Certiorari setting aside sub para 2 of paragraph 2 of the Government Order dated 08.11.2017 whereby a formula, with rate of VAT has been introduced, that is, Rv-Rg and (Q) x (Rv-Rg) / Rv. A true copy of the Government order no. 1814/23- 10-2017-12(General)/2017 dated 08.11.2017 wherein impugned para 2 of paragraph 2 is included, is being filed as ANNEXURE No. 2 to this writ petition. iii. Issue a writ order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the operation and implementation of the impugned order dated 02.0....

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.... Government had floated tenders for construction of flood protection works at Ganga river near Village Chandrawati, Chobeypur, District Varanasi. The petitioner being the highest bidder was a service provider to the opposite parties and had executed the flood protection work at Ganga River, near Village Chandrawati, Chobeypur, District Varanasi. The agreement was executed by the petitioner was before the enactment of Goods and Services Tax Act, 2017 (hereinafter referred to as "the Act 2017"). Some work executed by the petitioner was before the enactment of the Act 2017 and remaining part of the work was executed and completed after the Act, 2017 has came into existence w.e.f. 01.07.2017. 3. Learned counsel for the petitioner has submitt....

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....988/- was rejected vide impugned order dated 02.04.2019 by the respondent no. 4. It has further submitted that the said rejection of the admitted amount of G.S.T. by the respondent no. 4 without considering the provisions of the GST Laws, Government Order dated 08.11.2017. 7. On the other hand, learned State Counsel has submitted that the amount claimed by the petitioner as mentioned above is disputed as after the calculation the amount which has been determined for refund to the petitioner is Rs.26,12,649/- for payment towards G.S.T. on the basis of Government Order dated 08.11.2017 and the proceedings for allotment of Budget towards payment of Rs.26,12,649/- is already under progress and upon such allotment the payment will be made. ....