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| PIL seeking recovery of sales tax arrears DB directs CS to file list of defaulters within two weeks | | | Early Times Report
Jammu, June 15 (JNF) : In a PIL filed by Balvinder Singh seeking direction to the government and all concerned to recover the amount 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, A Division Bench of State High Court comprising Chief Justice M M Kumar and Justice JP Singh issued directions to Chief Secretary of the State to file within two weeks the list of those persons from whom recovery has been effected with effect from April 1st, 2011 till the date of the filling of the status report.
After hearing Sr. Adv Sunil Sethi with Adv Deewkar Sharma appearing for the PIL and Adv Rohit Kapoor appearing for finance dept and AAG J Parihar appearing for the state further observed that if there is non-cooperation by the police dept, then what action has been proposed against the officers who are disobeying the directions of the authorities because there is ample power under the police rules to initiate disciplinary action against in-disciplined police officers/ officials. This significant order of wide public importance written by chief Justice MM Kumar for the Division Bench further said that a table of cases be prepared in which warrants of attachment have been issued along with the dates and whether the sale of property has been ordered or not. The order further said that the reasons shall also be disclosed for not taking the steps by selling the property. The directions have also been issued to the effect that report be also submitted with regard to the defaulters who have been put under the category "migrant" from valley and why the identification of such persons could not be established by seeking the information from the Relief Commissioner.
After hearing both the sides, Division Bench while expressing its anguish observed that the present PIL discloses and ugly face of the administration as much as recovery of commercial taxes running into hundred of crores of rupees has been kept pending. The lip service which is shown to have been resorted to in the present litigation would highlight the reason other than the one which could result into effecting the recovery of taxes. In many cases, the reason for non-recovery cited is that warrant of arrest was issued but the person has not been found by the police. Even after eight times of issuance of warrant of arrests, further steps by the administration have not been taken by attaching the property or auctioning the same. |
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