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PIL for recovery of sales tax arrears
HC directs CS to take up the matter
2/5/2014 10:47:37 PM
Et Report

Jammu, Feb : 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 Chief Justice MM Kumar and Justice Dhiraj Singh Thakur shown dissatisfaction over recovery of Salex Tax Arrears from Govt and semi-Govt Depts and directed Chief Secretary to take up the matter himself and ensure that the statutory mechanism provided by various statutes be put in operation for making huge recovery of Rs. 111.00 crore from the government/semi government departments as per the provisions of law or any other effective steps which may successfully result in recovery of the arrears.
The court after hearing Advocate Sunil Sethi along with Adv Deewkar Sharma for the PIL and Senior Additional Advocate General Gagan Basotra for the state observed that a compliance report purported to comply the directions issued on December 11, 2013 has been filed and perused the report, it does not, as a matter of fact comply with the directions in letter and spirit.
The mechanism provided by the J&K General Sales Tax Act 1962 and J&K VAT Act for recovery has not been resorted to. Even after attachment, the departments like Conservator of Forests and many other continuing to operate. It is evident that the account head has been attached and despite that the department has been functioning as pointed out by counsel for the petitioner.
The court after perusing the compliance report observed that the casual attitude displayed by the department and directed the Chief Secretary to take up the matter himself and ensure that the statutory mechanism provided by various statutes be put in operation for making huge recovery of Rs. 111.00 crore from the government/semi government departments as per the provisions of law or any other effective steps which may successfully result in recovery of the arrears.
The status report by the Chief Secretary shall be filed within two weeks, failing which the Chief Secretary shall remain present in Court.
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