Government Contractor Entitled to GST Reimbursement for Post-GST Contracts; Denial Based on Pre-GST Guidelines Misconstrued

By | June 5, 2025

Government Contractor Entitled to GST Reimbursement for Post-GST Contracts; Denial Based on Pre-GST Guidelines Misconstrued

Issue:

Whether a government contractor is entitled to reimbursement of additional GST paid on contracts executed after July 1, 2017, and whether the respondent authorities can deny such reimbursement by misconstruing the applicability of a notification intended for pre-GST contracts.

Facts:

For the period July 1, 2017, to March 31, 2019, the petitioner, a government contractor, had to pay GST on gross bills from their own pocket due to the change in the tax regime. The core of the assessee’s argument was that the respondent authorities had failed to correctly interpret and apply Guideline Notification No. 5050-F(Y), dated August 16, 2017, issued by the Finance Department (Audit Branch), Government of West Bengal. The assessee contended that paragraph 3(iv) of this notification, which the respondents were relying upon to deny reimbursement, was specifically confined to pre-GST contracts. They argued that contracts executed after July 1, 2017, were expressly governed by paragraph 4 of the very same notification, which provided for reimbursement of additional GST. The assessee further submitted that the denial of GST reimbursement by the respondent was arbitrary, unreasonable, and discriminatory, violating Article 14 of the Constitution.

Decision:

The court ruled in favor of the assessee. It held that the respondent authority had misconstrued the applicability of the Notification in the context of the instant case. The respondents had failed to appreciate that paragraph 3(iv) of the said notification was confined in its application to pre-GST contracts and could not be invoked to deny reimbursement for contracts executed after July 1, 2017, which are expressly governed by paragraph 4 of the same notification.

Accordingly, Respondent No. 4 (Secretary, Public Works Department) was directed to revisit the issue of the petitioner. Since the petitioner had already made payment of the GST amount against gross bills for the period 01.07.2017 to 31.03.2019 out of their own pocket, Respondent No. 4 was instructed to consider the issue of reimbursement of the GST component in light of Paragraph 4 of Notification No. 5050-F(Y) and to pass a reasoned order after giving an opportunity of hearing to the petitioner.

Key Takeaways:

  • Correct Interpretation of Notifications: This case highlights the crucial need for tax and government authorities to correctly interpret and apply departmental notifications. Misinterpretation can lead to arbitrary denials of legitimate claims.
  • Distinction Between Pre-GST and Post-GST Contracts: The judgment draws a clear distinction between contracts executed before and after the implementation of GST (July 1, 2017). Different paragraphs within the same notification applied to these distinct periods.
  • Reimbursement of GST for Government Contracts: For government contracts, especially those entered into post-GST implementation, provisions for the reimbursement of GST (where the burden increases due to the regime change) are often made through specific clauses or notifications. These must be honored.
  • Principle of Audi Alteram Partem (Opportunity of Hearing): Even when remanding the matter, the court emphasized the requirement for the respondent to provide an opportunity of hearing to the petitioner before passing a fresh reasoned order. This reinforces the principles of natural justice.
  • Constitutional Mandate (Article 14): The assessee’s argument of arbitrary and discriminatory action violating Article 14 underscores the importance of fair and non-discriminatory application of government policies and notifications.
  • In Favour of Assessee: The decision is a significant win for the assessee, directing the authorities to reconsider the reimbursement claim in the correct legal framework, likely leading to the recovery of the GST amounts paid from their own funds.
HIGH COURT OF CALCUTTA
Pinki Construction
v.
Superintending Engineer
Smita Das De, J.
W.P.A. No. 885 of 2022
MAY  23, 2025
Vinay ShraffHimangshu Kumar RayMs. Shiwani ShawAnimitra RoyAnish Mandal and Ms. Swarnwarshi Poddarfor the Petitioner. Anirban Ray, Ld. GP, Md. T.M. Siddiqui, Ld. AGP., Tanoy Chakraborty and Saptak Sanyalfor the Respondent.
JUDGMENT
1. The petitioner seeks a mandamus directing inter alia, the respondents to remit the amount of the GST on Works Contract Services provided on or after July 1, 2017. The petitioner in the instant case is the partnership firm registered under the CGST Act and WBGST Act.
2. The case made out by the petitioner is that the respondent authorities have failed to appreciate that paragraph 3 (iv) of the Notification is confined in its application to Pre-GST contracts and cannot be invoked to deny reimbursement in respect of contracts executed after July 1, 2017 which are expressly governed by paragraph 4 of the very same Notification.
3. It is further submitted that the action of the respondent in denying GST reimbursement to the petitioners is arbitrary, unreasonable and discriminatory violating the mandate of the Article 14 of the Constitution of India which is contrary to the principle of equality before the Law and equal protection of the Laws.
4. The Learned Advocate for the petitioner relies upon a judgment of this Hon’ble High Court in the case of Sushil Kumar Thard v. National Jute Manufactures Corporation Ltd. [WPA No. 4751 of 2023, dated 27-9-2023] which was subsequently affirmed by the Hon’ble Supreme Court in the case of National Jute Manufactures Corporation Ltd. v. Sushil Kumar Thard [SLP(C) No. 25436 of 2023, dated 28-11-2023] wherein it has been held that even on contractual matters, the State and its instrumentalities are bound to act fairly, reasonably and in a non-arbitrary manner.
5. The Learned Counsel for the State is unable to contradict the submissions made by the petitioners.
6. Having heard both the parties and considering the materials available on record I am of the view that as per the notification dated August 16, 2017, the question of revision of any contractual values of the contract due to impact of change of tax rate with regard to VAT/ Service Tax to GST does not arise at all.
7. From the plain reading of the Paragraph 4 of the Notification in question it clearly envisages that:
“With regard to post-GST contracts or ongoing project where estimates have been approved before 1st of July 2017 then in those work order can be given for supply of goods or service or both work contract, GST rates will be applicable. In other words the suppliers of goods/services or both has to pay WBGST and CGST on all taxable goods / services.”
8. In the light of the above Notification, the respondent authority has misconstrued the applicability of the Notification in the context of the instant case. The respondents have failed to appreciate that Paragraph 3(iv) of the Notification is confined in its application to pre-GST contract and cannot be invoked to deny reimbursement in respect of contracts executed after July 1, 2017 which are expressly governed by Paragraph 4 of the same notification.
9. In view of the aforesaid, I direct the respondent No. 4, The Secretary, Public Works Department, Nabanna to revisit the issue of the petitioner as mentioned in the letters dated October 19, 2020 and April 23, 2021 respectively with regard to the payment of the GST amount against the gross bill during the period from 01.07.2017 to 31.03.2019 as per GST Law. However, it is made clear that I have not gone into the merits of the case but since the petitioner has already made payment of the GST amount against the gross bills for the period 01.07.2017 to 31.03.2019 out of their own pocket, hence, I direct the respondent No. 4 to consider the issue of reimbursement of the GST component in the light of Paragraph 4 of the Notification dated August 16, 2017 being Notification No. 5050-F(Y) and shall pass a reasoned order in accordance with law upon giving opportunity of hearing to the petitioner preferably within a period of six weeks from the date of communication of the order.
10. With the above observations and directions, the writ petition being WPA 885 of 2022 stands disposed of. No order as to costs.
11. Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com