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TMI Blog2020 (11) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... -2020 - S. K. Mishra And Dr. B. R. Sarangi , JJ. ORDER This matter is taken up through Video Conferencing because of COVID-19 pandemic. Heard Mr. B. Panda, learned counsel for the petitioner and Mr. M.S. Sahoo, learned Additional Government Advocate for the State. By way of this writ petition, the petitioner has challenged action of the opposite parties in not reimbursing the differential tax amount arising out of change in tax regime from Value Added Tax (VAT) to Goods and Service Tax (GST) with effect from 01.07.2017 and has also prayed to quash Clause 1(iii) of the Finance Department Memorandum dated 07.12.2017. Batch of writ petitions are being filed on this issue. The main issue involved in such matters is that the dif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuted either partly or wholly after 01.07.2017. On careful consideration of the representation of the contractors vis- -vis existing guidelines issued in the matter, Government have been pleased to issue following revised guidelines in supersession of the guidelines issued vide Finance Department letter dated 07.12.2017. 1. The Goods and Services Tax (GST) has come into force w.e.f. 1st July, 2017 by subsuming various indirect taxes such as Excise Duty, VAT, CST, Entry Tax, Service Tax etc. Works contract is treated as composite supply of service under GST and are taxable @18%, 12% or 5% depending on the nature of works contract. In order to comply the provisions of GST relating tow works contract the State Government have revis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the estimated Price/Quoted Price.) (iii) The revised estimated work value for the Balance Work shall then be enhanced or reduced in the same proportion as that of the tender premium/discount. (iv) Finally, the applicable GST rate (5%, 12%, or 18% as the case may be ) is to be added on the revised estimated work value for the Balance Work to arrive at the GST-inclusive work value for the Balance Work. (v) A model format for calculation of the GSTinclusive work value for the Balance Work is attached as Annexure. The competent authority responsible for making payment to the works contractor will determine GST inclusive work value for the Balance Work for which agreement executed on the basis of SoR-2014. (vi)A supplemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the authority will consider and dispose of the same, in the light of the aforesaid revised guidelines dated 10.12.2018 issued by the Finance Department, Government of Odisha, as expeditiously as possible, preferably by the end of December, 2020. If the petitioner(s) will be aggrieved by the decision of the authority, it will be open for the petitioner(s) to challenge the same. No coercive action shall be taken against the petitioner till the end of December, 2020. The writ petition is disposed of accordingly. Interim applications, if any, connected to this writ petition are also disposed of. As restrictions are continuing due to COVID-19 pandemic, learned counsel for the parties may utilize the soft copy of this order availa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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