Excelsior Correspondent
JAMMU, Nov 29: In a petition filed by Udhampur MLA and former Minister of State for Finance Pawan Kumar Gupta challenging the Constitutional validity of J&K Sales Tax (Amendment) Act, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today issued post-admission notice to General Administration, Finance and Law Departments returnable within eight weeks.
Besides challenging J&K Sales Tax (Amendment) Act, the MLA is also seeking directions to the respondents to recover all the pending liabilities including penalty and interest from all individuals and other entities under the provisions of J&K General Sales Tax Act, 1962.
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 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 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”, he said.
“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 (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.
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