Early Times Report
jammu, Nov 29 : In a petition filed by Pawan Kumar Gupta, Udhampur MLA and ex-MoS finance in PDP-BJP government, challenging 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, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today issused a post-admission notice to GAD and finance and law department returnable within eight weeks.
The MLA filed the petition being aggrieved by the alleged financial misadventure of the respondents in legislating a Class Legislation to benefit a select few, thereby manifesting itself into an epitome of Crony Capitalism.
He alleged that it was a voluntary step towards causing a heist on the state exchequer. The respondents had blatantly violated their own values and principles ostensibly portrayed as "Our Mission" by the finance department on its website -- http://www.jakfinance.nic.in/ourMission.htm -- last seen on November 20, 2016. "Its contents 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 implement fiscal reforms programme for providing fiscal and financial stability to the state," he alleged.
The impugned legislative/executive enactments had given a death blow to the afore-mentioned and much touted 'Mission' of the department of finance, he alleged.
The petitioner has sought 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 thereto or in consequence thereof, 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) |
