DB issued post-admission notice in a petition filed by Ex-MOS Finance

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Jammu Tawi, November 29
In a petition filed by Sitting MLA of Udhampur District and Ex-MOS Finance in PDP-BJP Govt Pawan Kumar Gupta challenges the constitutional validity of J&K Salex Tax (amendement Act 2016) and also seeking direction to Respondents to recover all the pending liabilities including Penalty and Interest from all individuals and all other entities under the provisions of J&K General Sales Tax Act, 1962.
Division Bench of the State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan after hearing Adv Ankur Sharma appearing for the petitition issused post-admission notice to GAD, Finance and Law Department returnable within eight weeks.
In the petition filed through Advocate Ankur Sharma the petitioner is filing the instant petition being aggrieved by the Financial Misadventure of the Respondents in legislating a Class Legislation to benefit a select few thereby manifesting itself into an epitome of Crony Capitalism.
It is a voluntary step towards causing a heist on the State Exchequer. The Respondents have blatantly violated their own values and principles ostensibly portrayed as “Our Mission” by the Department of Finance on its website available at http://www.jakfinance.nic.in/ourMission.htm; last seen on 20.11.2016 the contents of which are to generate and access resources for giving a fillip to development and growth of the State on a sustainable basis; to infuse financial discipline amongst the public functionaries and to implement fiscal reforms programme for providing fiscal and financial stability to the State. The impugned Legislative/Executive enactments have given a death blow to the afore-mentioned and much touted ‘Mission’ of the Department of Finance. The petitioner seeking a declaration through which the Jammu and Kashmir General Sales tax (Amendment) Act, 2016 may be declared Ultra-Vires the Constitution along-with all acts, deeds and things done pursuant there-to or in consequence there-of, including all notifications, agreements etc. are null and void including SRO 360 of November, 2016 dated 13.11.2016 issued vide Finance Department’s Notification No. ET/Estt/115/2016 dated 13.11.2016 especially Part III of the Constitution of India. JNF

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