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| Toll Tax on cigarettes challenged | | HC seeks affidavit from Secretary Finance | | EARLY TIMES REPORT
Jammu, November-01:- In a petition filed by M/S Godfrey Phillips India Limited challenging SRO 119 of 2011 dated March 31, 2011 whereby Toll on import of cigarettes @ Rs 3500 and on tea Rs 55 per quintal was imposed. The imposition of tax is challenged on various grounds.
Justice JP Singh of Jammu & Kashmir High Court Jammu Wing after hearing the parties observed that in view of stand taken by the counsel that the court cannot go into the question to examine the justifiability of fixation of different rates of different goods which Court prima-facie of view is not correct legal position for the issue as to the justifiability or otherwise of prescription of different rates of toll for different goods can certainly be examined by this Court in exercise of its jurisdiction and power and court was inclined to stay the imposition of toll on cigarettes but keeping in view the fact that the challenge thrown by the petitioner was to a notification which pertains to the revenue of the state and that the state may not suffer because of stand, which the counsel has taken saying that the Court cannot go into the question of fixation of different rates for different goods, Court stop short of issuing an absolute stay on the imposition of notification.
The Court further observed that in the circumstances, before concluding hearing in the petition, it is considered appropriate to have the state’s response to the petitioner’s plea, the petitioner challenged to the notification was appropriately dealt with.
Court directed Commissioner/Secretary Finance to file detailed affidavit indicating how could the state justify imposition of different rates of toll on different goods producing records and material in support thereof. With these observations Court adjourned the petition for two weeks with the observation that to secure the interests of both the parties, it is provided that the state, respondents shall not charge toll cigarettes imported by the petitioner into the State of J&K, until next date. This shall however, be subject to petitioner’s depositing 75% of the toll of cigarettes it brings in the state with the state-respondents, who shall in turn deposit it with this Court which on its deposit be kept in a fixed deposit initially for a period of six weeks. Court further directed the petitioner company to furnish bank guarantee with the respondents in respect of rest of 25% of toll payable in terms of SRO 119 of 2011 on the cigarette imported by him.
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