Controversy over Sales Tax amnesty: Set back to Govt as Court issues directions

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Vinod Kumar

Jammu, November 29
State Government today received a severe set back after Court issued directions to Secretary Finance, Secretary Law and Secretary General Administration Department (GAD) on decision of government to grant sales tax amnesty to the tax defaulters. These directions were given in response to the writ petition filed by former Minister of State for Finance Pawan Gupta through advocate Ankuar Sharma.
“Directions have been given to the state government to clear its position on granting sale tax amnesty to the tax defaulters”, Advocate Sharma said. He said that proceeding of the case will be further started after government will respond to the court. Important to mention here that MLA from Udhampur Pawan Kumar Gupta on Monday has filed a petition in the High Court challenging the constitutional validity of J&K Sales Tax (Amendment) Act, 2016 whereby amnesty has been granted to the defaulters.
In the petition filed through Advocate Ankur Sharma, the MLA said, “the legislation is a financial misadventure and is aimed at benefiting select defaulters”, adding “it is a voluntary step towards causing a heist on the State Exchequer”.
“The impugned Legislative/ Executive enactments have given a death blow to the much touted ‘Mission’ of the Department of Finance”, he said while making prayer for declaring the Jammu and Kashmir General Sales Tax
Kashmir General Sales Tax (Amendment) Act, 2016 as Ultra-Vires the Constitution along-with all acts, deeds and things done pursuant there-to or in consequence there-of, including all notifications and agreements.
Two coalition partners PDP and BJP have supported government’s move to grant amnesty to the tax defaulters. Opposition parties including National Conference, Congress and Panthers Party have already accused government with encouraging tax defaulter through such amnesty scheme.

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