Calcutta High Court
For assessee
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
16 rulings found
Calcutta High Court
Where electrical line repair and maintenance services had been completed in 2015 before introduction of GST, subsequent approval and billing in 2019 could not alter date of supply or bring completed services within GST regime, consequently payment withheld for want of GST registration was directed to be released with interest after deducting tax, if any, applicable under pre-GST regime
Karnataka High Court
Where Class-I contractors executed civil works for State and incurred additional tax liability due to GST introduction, having remitted differential GST and with State benefiting from works, contractors acquired legal right to reimbursement, obligating State and its entities to promptly verify and reimburse differential GST confined to incremental liability arising from GST transition
Karnataka High Court
Where a registered civil contractor executed pre-GST works and after GST rollout paid differential GST, as State received benefit of works post-GST implementation, contractor had enforceable right thereto, thus, recipient municipal authority was liable to reimburse GST-attributable differential subject to verification
Madras High Court
Where petitioner operating duty-free airport outlets paid service tax on licence fees and conservancy charges under pre-GST regime and filed refund claims based on CESTAT ruling but were rejected as time-barred, following a binding Division Bench precedent in Union of India v. Flemingo Duty Free Shop (P.) Ltd., [2025] 174 processed with applicable interest
Karnataka High Court
Where a contractor under a works contract faced additional tax burden due to transition from VAT to GST, having paid differential GST post-regime change, contractor acquired legal right to reimbursement from State, and State as beneficiary is obliged to reimburse the contractor to the extent of GST-attributable liability, subject to verification
Karnataka High Court
Where contractor executed works contracts spanning KVAT and GST regimes, with portions completed pre-GST but billed and GST paid post-GST without collection from employer, writ petition was to be disposed of in terms of operative portions of order passed in Chandrashekaraiah v. State of Karnataka [2024] 158 proceeding
Karnataka High Court
Where civil contractor executed road works under contract with State and, following GST replacing VAT, paid differential GST due to regime change, contractor became entitled to reimbursement of additional GST from beneficiary State entity, as liability to bear such tax rests on service recipient and reimbursement right extends only to tax attributable to GST regime introduction, subject to verification and law
Karnataka High Court
Where petitioner, a Class-I civil contractor, executed government works awarded before GST replacing VAT and paid differential GST arising from transition, petitioner acquired legal right to reimbursement of such differential tax, with State as recipient of works contract service being bound by earlier rulings to reimburse only differential attributable to GST introduction subject to due verification
Karnataka High Court
Where Class-I contractor executed pre-GST works contract for State and, due to GST implementation, incurred additional GST liability which was paid to authorities, contractor was legally entitled to reimbursement of GST-induced differential from State, as State benefitted from contract and consistent decisions require recipient to bear increased tax incidence subject to verification of claim
Karnataka High Court
Where petitioner challenged municipal authority's withholding of differential tax under GST regime for works executed under earlier VAT/Service Tax regime, as contract contained arbitration clause and arbitration was already invoked covering this claim, writ under Article 226 was not maintainable and dispute was to be resolved before arbitrator, with no adjudication on merits
Kerala High Court
Where petitioner contractor executed balance work awarded after GST introduction pursuant to earlier pre-GST tender and BoQ excluded taxes, GST incidence arose post-award and lay outside quoted rates, thus reliance on inclusive rate clause was unwarranted and petitioner was entitled to reimbursement of GST actually paid, subject to proof by GST returns
Kerala High Court
Where works were completed after GST regime came into force, deduction of embedded KVAT/Service Tax from quoted contract value and levy of GST on resultant amount was valid; any dispute regarding quantification had to be resolved before appropriate forum
Gujarat High Court
Where assessee transitioned pre-GST VAT credit to electronic credit ledger on introduction of GST regime, refund claim under Section 54(3) for such transitioned credit was impermissible due to statutory bar under second proviso to Section 142(3), and only regular GST-period ITC was eligible for refund; However, transitional VAT credit rejected should be re- credited in ECL of GST regime for future utilization under Section 140
Karnataka High Court
Where a Class-I contractor, after award of works contract before GST regime, paid differential GST arising from transition from VAT to GST and sought reimbursement from State which remained unresolved, State as service recipient was obligated to reimburse such differential GST attributable to regime change since petitioner had executed work and discharged due tax as per law
Gauhati High Court
Where assessee executed works contracts for government departments and exemption was claimed under relevant service tax notification while demand was raised solely based on Income-tax Form 26AS data without independent scrutiny or recording pre-conditions for invoking extended limitation period, demand was unsustainable and assumption of jurisdiction by adjudicating authority was unauthorized
Kerala High Court
Where contractor who was awarded PWD works in pre-GST regime, executed same and raised invoices with GST post 01.07.2017 but GST component was withheld by government department though government circular provided for tax reimbursement on proof, contractor was entitled to reimbursement of GST for post-GST supplies upon production of GST returns