Court No. - 21
Case :- WRIT TAX No. - 675 of 2018 Petitioner :- Hari Narayan Rai Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Bharat Pratap Singh,Nand Kishore Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Om Prakash Srivastava
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
The issue raised in this petition is as to whether on an agreement having been executed prior to enforcement of the GST providing that the tax shall be realised as applicable, any GST can be charged on payment of the running bills.
The issue is in respect of the interpretation of the terms of the agreement executed between the parties. There is an arbitration clause in the said agreement and it is open to the petitioner to invoke the said clause and this petition for interpretation of the terms of the agreement, at this stage, is not liable to be entertained.
Writ petition, accordingly, stands dismissed leaving it open to the petitioner to invoke the arbitration clause, if so advised.
Order Date :- 24.4.2018 VKS