Excelsior Correspondent
JAMMU, Nov 21: Member Legislative Assembly (MLA), Udhampur Pawan Gupta today alleged that decision taken by the Govt to provide tax concessions to defaulters is highly unjustified and discriminatory.
Addressing a press conference here today, Gupta assailed the Govt decision with regard to SROs N- 360, 361 and 362 terming them to be illegal, arbitrary and discriminatory and in sheer violation of Constitution and the law of the land, motivated intentionally to benefit the law breakers. Gupta said the J&K Govt issued three SROs on November 13, 2016, creating class discrimination between honest tax payers and tax evaders in contrary to the mandate of the constitution, which protects the honest and not the dishonest/ tax defaulters.
MLA Udhampur further said that on one hand Government has shown its inability to the tax imposed on helicopter service deployed on various pilgrimages including Shri Mata Vaishno Devi but on the other hand it has helped the law breakers with its illegal and mala-fide extraneous considerations with colourable exercise of power which is neither permissible under the Constitutional provisions nor under Section 25-D of J&K GST Act. During the year 2007 also they willfully failed to avail the amnesty granted to them . The matter remained pending in the court and later court allowed the State Govt to grant amnesty to the extent of waiver of penalty subject to the deposit of principal tax along with interest.
“It is irony that the Government though had consented for the said decision before the court of law but still if it at all had any cause, it never chose either to go for appeal or to implement the decision of the court in its right direction but has resorted to colourable such exercise of power which is over reach of the Legislation involving willful defraud to the State exchequer of thousands of crores of rupees, “Gupta added.
He said the Govt had pledged before entering into office that it will do justice without fear or favour or ill-will and uphold the law of the land but in the present case, they have issued the said SROs in sheer breach of oath so taken by discoursing the innocent and honest tax payers in contrary to the spirit of the Constitution. The Constitutional propriety so demand the recall of all such SROs which are offending the law and creating chaos among the people of this State to encourage of disobedience of the law creating bad president in future.
The MLA took BJP to task for supporting such unwarranted amnesty so granted again to a particular class of defaulters against the mandate of law, hurting the sentiments of honest tax payers, who are depositing the tax along with penalty and interests to the Govt.
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