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No GST Exemption On Annuity Paid For Road Construction: Meghalaya High Court Dismisses Review Petition

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The Meghalaya High Court has dismissed a review petition holding that the petitioner failed to establish any of the legally recognized grounds for review of a judicial decision which held that no GST exemption on annuity paid for road construction.

The Bench of Justice H. S. Thangkhiew and Justice B. Bhattacharjee has observed that mere allegations of misinterpretation of earlier judgments or dissatisfaction with the findings do not justify reopening a concluded judgment. 

The petitioner sought reconsideration of the judgment, contending that the Court had misinterpreted judicial precedents and had failed to address certain substantive prayers, pleadings, and legal contentions, resulting in serious prejudice to the company. 

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Appearing for the petitioner, Senior Advocate Sujit Ghosh argued that the earlier judgment contained errors in the manner in which previous judicial decisions had been applied. It was submitted that these errors were apparent on the face of the record and warranted exercise of the Court’s review jurisdiction. 

The Court observed that the review application essentially challenged the interpretation adopted in the earlier judgment rather than pointing to any legally sustainable ground for review. 

The Bench reiterated the settled principles governing review jurisdiction. It noted that a court may review its judgment only in limited circumstances, such as where there is an error apparent on the face of the record, discovery of new and important material that could not have been produced earlier despite due diligence, or patent illegality warranting interference. 

Examining the pleadings, the Court found that the petitioner had failed to satisfy any of these established requirements. According to the Bench, a bare reading of the review petition demonstrated that no error apparent, new material, or patent illegality had been shown that would justify reopening the earlier judgment. 

Consequently, the High Court declined to entertain the review petition and dismissed it, thereby leaving its earlier judgment dated June 2, 2026, undisturbed.

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Read More: GST Demand Can’t Exceed SCN Amount U/s 75(7): Allahabad High Court

Nikhil Bhandari
Nikhil Bhandari
Nikhil Bhandari is a Chartered Accountant and a Indirect Tax professional with over 4.5 years of post-qualification experience in tax advisory, compliance management, and tax process optimization. Associated with SDU LLP since August 2015 spanning his articleship through to his current role as Assistant Manager Nikhil has uniquely navigated India’s transition from the legacy tax regime into the GST era.His expertise encompasses both strategic advisory and Indirect Tax litigation, where he represents clients in complex disputes across the manufacturing, service, and e-commerce sectors. By providing high-level counsel to corporate leadership, he ensures that tax positions are not only robust and compliant but also structured for long-term operational efficiency.Beyond his core practice, Nikhil is a proactive contributor to the GST ecosystem. He is dedicated to tracking and analyzing judicial precedents from various High Courts and the Supreme Court, fostering greater clarity and ease of access to tax intelligence for the wider professional community.

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