V. Ramakrishnan Versus Union of India, New Delhi, Railway Board, represented by its Chairman, New Delhi, Financial Advisor & Chief Accounts Officer, Chennai, Divisional Railway Manager (Works), Chennai, 5. The Principal Commissioner, GST and Central Excise, Chennai
GST
2018 (10) TMI 1239 – MADRAS HIGH COURT – 2018 (17) G. S. T. L. 375 (Mad.) , [2018] 59 G S.T.R. 149 (Mad)
MADRAS HIGH COURT – HC
Dated:- 11-7-2018
WP. No. 14798 of 2018
GST
MR T. S. SIVAGNANAM, J.
For The Petitioner : Mr. N. Murali
For The Respondents : Mr.P. T. Ramkumar And Mr. V. Sundaraswaran
ORDER
Heard Mr. N. Murali, the learned counsel for the petitioner and Mr. P. T. Ramkumar, learned counsel, who accepts notice on behalf of R1 to R4 and Mr. V
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of GST in individual contracts, a supplementary agreement is to be entered into with the contractor in consultation with financial advisor in terms of Para 1265 of the Engineering Code. ”
by referring to the above condition, it is submitted that a Supplementary Agreement has to be necessarily entered into with the contractor, as the percentage of GST paid by the petitioner is 12%; whereas, the Railways have been paying them only at 2% at the old rate and the balance 10% to be borne by the contractor. Therefore, it is submitted that necessary direction should be issued.
4. As rightly pointed out by the learned Standing Counsel for the Respondents/Railways, the petitioner, without submitting any representation to the respondents, has stra
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racts, a supplementary contract has to be entered into. Therefore, to study the impact of GST in individual contracts, occasion may arise for the Railway Administration to consult the 5th respondent and in such an event, the 5th respondent would be in a position to issue necessary clarification or guidelines to the Railway Administration.
7. As pointed out earlier, since the petitioner has not given a representation to the authorities, the Court directs him to do so within a time frame. Accordingly, the writ petition stands disposed of by directing the petitioner to submit a representation to the fourth respondent along with a copy of this order within a period of two weeks from the date of receipt of copy of this order and on receipt of t
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