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Jammu Kashmir
PIL on CST evasion: HC directs IGPs to lodge FIRs against defaulters
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JAMMU, July 3 (JNF): In a Public Interest Litigation (PIL) seeking recovery of Sales tax arrears worth crores of rupees, Division Bench of State High Court today directed Commercial Sales Tax (CST) and Inspectors General of Police (IGPs), Jammu and Srinagar to lodge FIRs against defaulters.

A PIL has been filed by Balvinder Singh & Others in the State High Court. The petitioners sought directions to Commissioner-Secretary Sales Tax, Commissioner Commercial Tax J&K, Deputy Commissioner Commercial Tax Recovery Srinagar, Deputy Commissioner Commercial Tax Recovery Jammu, SSP Srinagar & Jammu to recover the amount of Sales Tax & VAT from all the defaulters, who had failed to pay the sales tax under the J&K General Sales Tax Act and J&K VAT Act.

Division Bench of State High Court comprising Justice Mansoor Ahmed Mir and Justice Tashi Rabstan has directed Commissioner Commercial Sales Tax and IGPs Jammu and Srinagar to draw action including lodging of FIRs against those defaulters who are not traceable and who have given incorrect addresses as reported in the status report submitted by IGPs.

In the status report submitted by the Commissioner, Commercial Sales Tax, he has given in detail about the arrears of tax and the amount recovered by the authorities in terms of the orders passed by State High Court in this case. It is stated that Rs 111.48 crore stands recovered with effect from April 1, 2011 upto June 24, 2013. In his status report, it is recorded that Rs 67.22 crore are to be recovered from Government and Semi Government departments, Rs 113.75 crore are to be recovered from non-traceable defaulters, Rs 20.23 crore from migrant dealers and Rs 122.52 crore from existing defaulters. However, respondents have also moved application and have sought modification of the order dated September 4, 2012 in order to grant amnesty to the dealers concerning Leh-Ladakh region.

In the status report filed by IGPs Jammu and Srinagar zones have stated that various raids were made to execute the warrants at the given addresses as well as the residential premises of the defaulters. However, some of the defaulters could not be located and in their cases warrants were to be returned unexecuted to the concerned authorities on the due dates. Further, it is stated that improper particulars of the defaulters was one of the reasons for non-execution of the warrants.

After hearing Senior Advocate Sunil Sethi with Advocates Ravi Abrol and Mohsin Bhat, Senior AAG Gagan Basotra for the state respondents whereas Advocate MA Bhat appearing for the Sales Tax department and after going through the status reports filed by Commissioner, Commercial Sales Tax, Inspector General of Police of Jammu as well as Srinagar zone, Division Bench comprising Justice Mansoor Ahmed Mir and Justice Tashi Rabstan directed to take all steps as warranted under law read with the orders passed by this court from time to time to effect recovery of arrears of tax from all the defaulters including government and semi government departments and report compliance.

DB also directed Commissioner, Commercial Sales Tax 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 and Srinagar zones and to furnish details of the Migrant dealers to the Relief and Rehabilitation Commissioner (M), Jammu, who in turn is directed to furnish present addresses of those migrant dealers, residential as well as commercial, to the Commissioner Commercial Sales Tax and IGPs, Jammu-Srinagar zones, so that the warrants could be executed against them by the IGP concerned and recovery of arrears of tax could be effected from them by the Commissioner Commercial Sales Tax.

Division Bench further directed IGPs, Jammu-Srinagar zones to execute the warrants on their receiving the exact particulars of defaulters and report compliance.

Division Bench also directed Commissioner Commercial Sales Tax and IGPs, Jammu to draw action including lodging of FIRs against those defaulters who are not traceable and who have given incorrect addresses as reported in the status report submitted by IGPs.


News Updated at : Wednesday, July 3, 2013
 
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