March 19, 2020
Hon’ble Finance Minister
Government of Jharkhand
Sub : Practical difficulties in day to day affairs
Our Association was formed in the year 1965 with the purpose of providing assistance and educate its Members practicing in Indirect taxes field. Time and again representations have been made and different authorities, Departments have been pleased to recognize the same, feel the practical problems and try to resolve in a very friendly manner.
Sir, we draw your kind indulgence towards a few practical problems being faced by Members of our Bar and we expect that suitable action will be taken at an early date.
1. Vacancy of posts – Firstly, Sir, you are aware that Commercial Taxes Department is one of the eminent Department of Government of Jharkhand and a good percentage of revenue is collected by this Department. However, your kind indulgence is being drawn that posts of learned Joint Commissioner of Commercial Taxes (Appeals), at Ranchi Division as also at Jamshedpur Division are vacant for more than a month. Further, post of Departmental Member at Hon’ble Commercial Taxes Tribunal, Jharkhand is also vacant for more than a month. Because of vacancy, hearing of cases before these authorities are pending and litigation could not be disposed of. Sir, we request your goodself to intervene into the matter and do the needful at an early date.
2. Extending due dates of VAT assessments – Sir, ‘chorona’ virus is now pandemic throughout the globe and dealers / peoples have been instructed to avoid travel except in case of urgency. As last date for VAT assessment for the year 2016 – 17 is 31st March, 2020 it is very difficult to get assessments completed within the specified date. Dealers having offices in other States and having business places in our State are facing difficulties in travelling and filing necessary documents for assessment before the authorities. Further, many business houses/Malls/multiplex/Offices are also closed because of ‘chorona’ and therefore, it is practically not possible to comply with the notices. Numbers of juniors, assistants, staffs in our Chambers have also decreased because of ‘chorona’ virus. Under such situation, we request your goodself to direct the office of the learned Commissioner of Commercial Taxes, Jharkhand and all its sub-ordinates not to pass ex-parte orders may it be assessment proceeding, appeals, revision etc.
Sir, keeping in view emergency in the country and as precautionary measures, we request to extend the last date of assessment for the year 2016 – 17 till 31st July, 2020. This can be done through an Ordinance.
3. No coercive steps for realization of dues – Sir, your goodself is also aware that Hon’ble Higher Courts are also hearing the urgent cases only because of ‘chorona’ virus. Under such situation, request is being made to direct the office of the Commissioner of Commercial Taxes, Jharkhand, Ranchi and its sub-ordinates not to take any coercive steps for realization of dues.
We expect that things will be taken into consideration in its proper perspective and necessary action in the welfare of the State will be taken.
|Subrata Das Gupta