STATE TIMES NEWS
JAMMU: A Division Bench (DB) of State High Court issued notice to Union Ministry for Civil Aviation, Chief Secretary Jammu and Kashmir and Commissioner/Secretary Finance Department after admitting a PIL seeking direction for restraining State from imposing tax on commercial helicopter service in Jammu and Kashmir.
The Court issued notices after admitting a Public Interest Litigation (PIL) filed by Sumber Chand Khajuria for quashing the SRO 297 of 2015 dated 2nd September 2015 enforced by the Chief Secretary under the authenticated signature of the Commissioner /Secretary Finance Department where under ‘Commercial Helicopter Service’ operating within the State has been inducted as entry No. 29 to Schedule B of the SRO 117 of 2007 dated 30th March 2007 being governed under the Jammu and Kashmir
General Sales Tax Act 1962 in consequence of which the
service tax on commercial helicopter service operating in Jammu and Kashmir has been imposed.
The PIL submitted that aforesaid order is in sheer violation to Section 5 of the Constitution of Jammu and Kashmir, Article 246 of the Constitution of India, List I to the Schedule 7th of the Constitution of India “Union List”, Section 114 of Constitution of Jammu and Kashmir State, and Rule 8 of the Jammu and Kashmir State Business Rule read with its 2nd Schedule attached thereto as its item No. 12.
While holding the same SRO 297 of 2015 as unconstitutional, illegal, arbitrary and abuse of position in excess of the power of the Jammu and Kashmir State, the petitioner has sought direction for restraining the respondents in levying any amount of service tax so imposed on the ‘Commercial Helicopter Service’ operating within the Jammu and Kashmir State. The PIL also submitted that Jammu and Kashmir state lacks jurisdiction on the subject, more particularly under Section-114 read with Section 5 of the Jammu and Kashmir Constitution read with Article 246 of the Constitution of India, Schedule 7, Union List I, Item Nos. 29 and 30 as well as Rule 8 of the Jammu and Kashmir State Business Rules read with its Item No. 12 of its Schedule 2nd restrained the respondents from collecting any amount of service tax so imposed under the strength of aforesaid SRO 297 of 2015 as the respondents are even vested with no authority to collect the same.
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