Excelsior Correspondent
JAMMU, Sept 3: Division Bench of High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today issued various directions in a Public Interest Litigation (PIL) seeking recovery of Sales Tax arrears worth crores of rupees from the defaulters.
After hearing Senior Advocate Sunil Sethi with Advocates Ravi Abrol and Deewakar Sharma for the petitioner-Balvinder Singh and others whereas Advocate MA Bhat for the respondent, DB observed, “on July 2, 2013, we had directed official respondents to take all steps as warranted under law to effect recovery of arrears of tax from all the defaulters including Government/Semi Government Department and report compliance”.
The DB directed the Commissioner, Commercial Taxes to furnish details of all those defaulters, whose warrants have been received back unexecuted for want of correct particulars of their units and residential premises, in the Registry of this Court and also to the IGPs, Jammu/ Kashmir Zones.
The Commissioner, Commercial/Sales Tax was also directed to furnish details of the Migrant Dealers to the Relief and Rehabilitation Commissioner (M), Jammu, who in turn was directed to furnish present addresses of those migrant dealers, residential as well as commercial, to the Commissioner Commercial Tax and IGPs so that the warrants could be executed against them and recovery of arrears of tax could be effected by the Commissioner Commercial/Sales Tax.
IGPs, Jammu/Srinagar Zones were directed to execute the warrants on their receiving the exact particulars of defaulters and report compliance. The Commissioner Commercial Tax and IGPs were further directed by DB to draw line of action including lodging of FIRs against those defaulters who are not traceable and who have given improper/incorrect addresses as reported in the status report submitted by IGPs.
Division Bench further observed that State has not been able to file any compliance report with regard to the directions except filing an application with regard to the Contractor operating in Leh and grant of amnesty to them on the ground of retrospective operation of withdrawal of notification.
Division Bench further said that the other directions issued earlier have not been complied with and granted one week time for filing the compliance report. The DB also directed that needful be done within one week and if the same is not done and the directions issued on July 2, 2013 are not complied with then the Commissioner/Secretary Sales Tax and Commissioner Commercial Taxes, J&K Government shall remain present in person along with the record.
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