Excelsior Correspondent
JAMMU, Mar 18: In a Public Interest Litigation (PIL) challenging imposition of service tax on commercial helicopter service in Jammu and Kashmir, Division Bench of State High Court issued post admission notice to Union Ministry for Civil Aviation, Chief Secretary and Commissioner/Secretary Finance Department.
The PIL has been filed by Sumber Chand Khajuria seeking quashment of SRO 297 of 2015 dated 02-09-2015 where under commercial helicopter service operating within the State has been inducted as Entry No. 29 to Schedule B of the SRO 117 of 2007 dated 30-03-2007 being governed under the Jammu and Kashmir General Sales Tax Act 1962.
The petitioner submitted that this decision of the Government was in sheer violation to Section 5 of the Constitution of Jammu and Kashmir, Article 246 of the Constitution of India, List I to the Schedule Seventh of the Constitution of India “Union List”, Section 114 of Constitution of Jammu and Kashmir State and Rule 8 of the Jammu and Kashmir State Business Rule read with its 2nd Schedule.
“The SRO 297 of 2015 is unconstitutional, illegal, arbitrary and abuse of position in excess of the power of the Jammu and Kashmir State”, the petitioner said.
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