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| DB expresses dissatisfaction over status report, directs state to file fresh ATR | | Recovery of sales tax arrears worth crores | | early times report
JAMMU, Aug 13 (JNF): Division Bench of State High Court comprising Justice Virender Singh and Justice Hasnain Masoodi today in the much publicized Public Interest Litigation seeking recovery of Sales Tax Arrears worth Crores of Rupees, expressed its displeasure over the status report filed by the Chief Secretary of J&K State indicating the recoveries affected so far.
Division Bench after going through the status report observed that the status report is not in strict compliance to the directions passed by the Division Bench on June 15, 2012. DB directed the Chief Secretary to furnish a fresh report strictly incompliance to the five directions as indicated in the order dated June 15, 2012.
Sr. Adv Sunil Sethi with Adv Deewakar Sharma drew the attention of the Division Bench to the status report wherein it was indicated that very small amount was recovered from the defaulters and the senior counsel drew the attention of the Court that the state is not interested to catch big-fish who are in arrears worth crores of rupees. He further submitted that instant PIL was filed to seek recovery of arrears ranging from Rs 10 lakhs and above. Respondents are not serious in effecting recoveries from big business houses.
Sr. AAG Gagan Basotra and AAG Seema Shekhar appearing for the state were directed to furnish fresh report with regard to the action taken by the concerned authorities against the defaulters having arrears beyond Rs 10 lakhs for the last 10 years in Jammu province as well as Kashmir Province strictly in the same order as depicted in Annexure-B&C attached within main writ petition so as to facilitate the court for issuing necessary directions on the next date of hearing.
Division Bench also directed Sr. AAG Basotra to furnish fresh list to the Court with regard to the defaulters having arrears ranging between Rs 5 lakhs to Rs 10 lakhs so that the necessary direction is passed in this regard also on the next date of hearing. Apart from the aforementioned directions, Division Bench also disposed off two applications filed by Rajesh Gupta and Sat Pal Sharma who pleaded to become intervener in the PIL and also prayed for cancellation of warrants of arrest issued against them pursuant to the interim directions passed by the Division Bench.
Division Bench after hearing Adv Sudarshan Sharma observed that since the applicants have already moved before the appellate authority, DB is not inclined to show indulgence; however, the appellate authority is directed to decide the appeals expeditiously preferably within one month from the next date already fixed before it.
This significant order has been passed in a PIL filed by Balvinder Singh & Ors in the State High Court in which the petitioners seek direction to the Commissioner/Secretary Sales Tax, Commissioner Commercial Tax J&K, Deputy Commissioner Commercial Tax Recovery Srinagar, Deputy Commissioner Commercial Tax Recovery Jammu, SSP Srinagar & Jammu 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. |
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