Jammu, June 15: A Division Bench of Jammu and Kashmir High Court today rapped the state government for its “failure and inefficiency” to recover commercial and sales tax from the defaulters from across the state.
 Taking serious note of slow tax realization, the Bench today directed the Chief Secretary to file list of those persons from whom tax has been realized since April 1, 2011 and the delay in the process.
 The Directions were passed by a Bench, comprising Chief Justice MM Kumar and Justice JP Singh, in a Public Interest Litigation seeking direction to the state government to recover the amount of Sales Tax and Vat from all the defaulters, who failed to pay the sales tax under the J&K General Sales Tax Act and J&K VAT Act.
 The Bench observed that if there is non-cooperation by the police department in this regard, the chief secretary shall explain as what action has been proposed against the officers who are disobeying the directions of the authorities. “There is ample power under the police rules to initiate disciplinary action against in-disciplined police officers and officials”, the court observed.
 The court further directed that a table of cases be prepared in which warrants of attachment have been issued along with the dates and whether the sale of property has been ordered or not. “The reasons shall also be disclosed for not taking the steps by selling the property to realize the amount”, the court directed adding, “The report be also submitted with regard to the defaulters who have been put under the category “migrant” from valley and why the identification of such persons could not be established by seeking the information from the Relief Commissioner”.
 “The present PIL discloses ugly face of the administration as much as recovery of commercial taxes running into hundred of crores of rupees has been kept pending”, the Bench observed and added that the lip service, which is shown to have been resorted to in the present litigation, would highlight the reason other than the one which could result into effecting the recovery of taxes.
 In many cases, the reason for non-recovery cited is that warrant of arrest was issued but the person has not been found by the police, it observed further adding that even after eight times of issuance of warrant of arrests, further steps by the administration have not been taken by attaching the property or auctioning the same.

Lastupdate on : Fri, 15 Jun 2012 21:30:00 Makkah time
Lastupdate on : Fri, 15 Jun 2012 18:30:00 GMT
Lastupdate on : Sat, 16 Jun 2012 00:00:00 IST