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| Under scanner JKEDA authorities retain Rs 309 Lakh WCT | | Then DDO to pay Rs 30 Lakh as penalty from his pocket | | Akshay Azad
Early Times Report
Jammu, Nov 7: Already under scanner for various embezzlements, the Jammu and Kashmir Energy Development Agency (JKEDA) Science and Technology department has reportedly retained Work Contract Tax (WCT) instead of depositing in government treasury.
Moreover, as per the relevant rules and acts, the then Drawing and Disbursing Officer of the department would have to pay a penalty of Rs. 30 Lakhs from his own pocket.
In response to the RTI application the PIO of JKEDA, vide reply number ST/EDA/RTI/Act/09/2012/640 dated 22/10/2016, has maintained that a total of 44,483 Solar Home Lights have been received from M/s Tata Power Systems Ltd. Plot No. 78 Electronic City, Hosur Road Banglore.
Payments to the tune of Rs. 2204.72 Lakhs were received by the supplier M/s Tata Power Systems.
In response to the question, "How much work contract tax has been deducted, the reply reads as, "Word Contract Tax (WCT) to the tune of Rs. 309.30 Lakhs has been detained from the payments of the supplier but not deposited in the treasury as the case with regard to whether the contract under the reference and other similar contracts attracts WCT is still under examination in the Commercial Taxes department as communicated wide their letter number Jud/399-400/CCT dated 14/9/2015.
The matter stands taken up with the administrative department for an expeditious decision in this regard.
The RTI applicant claimed that the section 16-C(6) of the J&K GST Act 1962, explicitly maintained that if the then Drawing and Disbursing Officer (DDO) after deduction of tax failed to pay the tax, "he (DDO) shall without any prejudice to any other consequence which he may incur, is liable to pay in addition to the tax so deducted a sum by way of penalty equal to 10 percent of such amount".
He further said that if accounted for, the 10 percent of Rs. 309.30 Lakhs would be nearly Rs. 30 Lakhs.
The RTI activist further claimed that the JKEDA authorities in response to abovementioned RTI have mentioned about the communication with commercial taxes department dated 14/9/2015 but on 10/3/2015 vide order number 263/Clarification/CCT, the Secretary to Government Science and Technology department had made it clear that, "once there is composite contract for supply and installation, it has to be treated as a works contract for it is not a sale of goods/chattel simpliciter",.
If everything is clear, they why such vague statement was given by JKEDA in the RTI application and there seemed something fishy in the entire matte and an investigation must be initiated against the then DDO.
The RTI applicant has now approached Additional Commissioner Commercial Taxes (Adm) Excise and Taxation to initiate appropriate legal punitive action in terems of 16-C(6) of J&K GST Act 1962 against the concerned officer and also made efforts to realize sales tax which after its deduction has been illegally retained.
Pertinently, earlier also JKEDA was in news for various embezzlments of funds and CAG report had also spilled beans about various misdoings of officers. |
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