JAMMU: In a petition filed by sitting MLA and former-MoS Finance Pawan Kumar Gupta on Monday challenged the constitutional validity of J&K Sales Tax (Amendement Act 2016).
In the petition filed through Advocate Ankur Sharma, the petitioner expressed his grievance by the financial misadventure of the respondents in legislating class legislation to benefit a select few thereby manifesting itself into an epitome of crony capitalism. It is a voluntary step towards causing a heist on the state exchequer. The respondents have blatantly violated their own values and principles ostensibly portrayed as “Our Mission” by the Department of Finance on its website available at http://www.jakfinance.nic.in/ourMission.htm; last seen on 20th November 2016. The contents of which 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 to implement fiscal reforms programme for providing fiscal and financial stability to the State.
The impugned Legislative/Executive enactments has given a death blow to the afore-mentioned and much touted ‘Mission’ of the Department of Finance, the petition added.
The petitioner seeking 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 there-to or in consequence there-of, including all notifications, agreements etc. are null and void including SRO 360 of November, 2016 dated 13th November 2016 issued vide Finance Department’s Notification No. ET/Estt/115/2016 dated 13th November 2016 especially Part III of the Constitution of India.