2023 (7) TMI 290 - HC - GST

Levy of GST - Works contract - pre and post GST period - HELD THAT - These petitions are to be disposed off in terms of the order passed in SRI CHANDRASHEKARAIAH, M/S. GOVINDE GOWDA AND SONS, M/S. D.K. CONSTRUCTIONS, M/S. SRI AYYAPPA CONSTRUCTIONS, M/S. ANNAPOORNESHWARI CONSTRUCTIONS, M/S. BHOOMIKA BUILDERS, VERSUS THE STATE OF KARNATAKA, THE UNION OF INDIA, THE GOODS AND SERVICES TAX COUNCIL, PRINCIPAL COMMISSIONER OF CENTRAL TAX, COMMISSIONER OF COMMERCIAL TAXES, CAUVERY NEERAVARI NIGAMA LIMITED, AND OTHER 2023 (6) TMI 93 - KARNATAKA HIGH COURT , where it was held that Revenue authorities directed to determine the amount of VAT payable for the period prior to 1.7.2017 and GST payable for the subsequent period as per relevant VAT / GST law. Petition disposed off.

Summary

Issues involved:
The judgment addresses the calculation and assessment of works executed pre-GST, payments received by the Petitioners, and the treatment of works completed or to be completed after 01.07.2017 under the KVAT tax regime and GST scheme.

Calculation of Works Executed Pre-GST:
The judgment directs the Respondents-State and other government agencies who have entered into works contracts with the Petitioners to calculate the works executed pre-GST under the KVAT regime and payments received by the Petitioners. It specifies that payments received for works executed before 01.07.2017 are to be assessed under the KVAT tax regime, either under COT or VAT scheme as applicable.

Treatment of Works Completed Post-GST:
For works completed or to be completed after 01.07.2017, the judgment outlines a series of steps to be followed by the concerned parties. This includes deriving the rate of materials, deducting the KVAT amount from those materials, adding applicable GST, and calculating the tax difference on such balance works executed or to be executed after 01.07.2017. It further states that based on the tax difference, the concerned department/authority must decide whether the agreement needs to be changed or not. A supplementary agreement may be signed for the revised GST-inclusive work value, and any differential tax amount is to be paid or reimbursed to the Petitioners accordingly.

Submission of Representations and Consideration by Employers/Respondents:
The judgment directs the Petitioners to submit comprehensive representations to the respective employers/Respondents within a specified timeframe. Employers/Respondents are then required to consider and dispose of these representations in light of the provided directions and guidelines expeditiously. The judgment emphasizes the importance of timely consideration and resolution of these representations within a stipulated period.

Filing of GST Returns and Action by GST Authorities:
In light of interim orders, Petitioners who had not filed their GST returns post-01.07.2017 are permitted to do so without facing interest, penalty, or limitation. Additionally, the GST authorities are directed not to take precipitative action against the Petitioners for a specified period from the date of the order, providing a temporary safeguard for the Petitioners.

Reserved Liberty for Petitioners:
The judgment reserves liberty in favor of the Petitioners to challenge any order or decision passed by the Respondents or authorities subsequent to the judgment. Petitioners are also granted the right to avail themselves of remedies available in law, ensuring their ability to seek further recourse if needed.