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| PIL seeking recovery of sales tax arrears | | HC seeks fresh status report | | Early Times Report
Jammu, Oct 31: In a Public Interest Litigation filed by Balvinder Singh & Ors regarding recovery of Sales Tax & Vat from all the defaulters, who had failed to pay the sales tax under the J&K General Sales Tax Act and J&K VAT Act, Division Bench of the state High Court comprising Justice Hasnain Massodi and Justice Tashi Rabstan directed respondents to file fresh status report regarding recovery of arrears of taxes.
When the PIL came-up for hearing, Sr. Adv Sunil Sethi appearing for the PIL submitted that he does not want to file any response but make oral submissions and said that one of the reason given by respondents to explain their falure to recover tax from the defaulters is that large number of defaulters are migrants or not traceable and said that for this Division Bench has already passed directions on July 2, 2013 (Commissioner, Commercial Sales Tax to furnish details of all those defaulters, whose warrants have been received back unexecuted for want of correct particulars of their units and residential premises, in the Registry of this Court and also to the IGPS, Jammu/Srinagar Zones and to furnish details of the Migrant Defaulters to the Relief and Rehabilitation Commissioner (M), Jammu, who in turn is directed to furnish present addresses of those migrant defaulters, residential as well as commercial, to the Commissioner Commercial Sales Tax and IGPs, Jammu/Srinagar Zones, so that the warrants could be executed against them by the IGP concerned and recovery of arrears of tax could be effected from them by the Commissioner Commercial Sales Tax. Commissioner Commercial Sales Tax and IGPs, Jammu/Srinagar to draw action including lodging of FIRs against those defaulters who are not traceable and who have given improper/incorrect addresses as reported in the status report submitted by IGPs. IGPs Jammu/Srinagar Zones to execute the warrants on their receiving the exact particulars of defaulters and report compliance.)
Division Bench also gone through the compliance report filed by the IGP Kashmir in which he submitted that only four defaulters are traced out and directed respondents to communicate availability of particulars of defaulters from whom recovery has not been made on the grounds that the they are either migrants or not traceable to IGPs of Jammu/Srinagar, so that the steps are taken to trace such defaulters and recover made.
DB directed IGPs on receipt of information shall take steps as detailed and submit fresh compliance report within four week indicating the progress made in recovery of arrears of tax.
—JNF |
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