JHARKHAND COMMERCIAL TAXES BAR ASSOCIATION
106, “Advocate Room” Sales Tax Building, Court Compound, Ranchi, Jharkhand 834001
web : www. Jctba.com email : jctbaranchi@gmail.com
July 13, 2020
To,
Hon’ble Finance Minister,
Government of Jharkhand, Ranchi.
Sub : A few request / suggestions during pandemic corona
Respected Sir,
In continuation to our letter dated 19.03.2020 (copy attached) we are to further submit as under :
1. Extend due dates of VAT assessments – Sir, vide our previous letter request was made to extend due date for assessment for the financial year till 31st July, 2020. Because of lockdown and pandemic ‘chorona’ it is practically not possible to appear and conclude the assessment proceeding till 31st July, 2020. Under such situation, we request your goodself to extend due date for VAT assessment for the financial year 2016 – 17 till 31st March, 2021.
Your goodself is aware that peoples have been directed to avoid travel except in case of urgency and work from home. 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.
Request is also made before 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.
2. No coercive steps for realization of dues – Sir, your goodself is also aware that because of ‘chorona’ virus Hon’ble Higher Courts are also hearing the urgent cases only and that too video conferencing. 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.
3. Court through video conferencing – Hon’ble Jharkhand High Court in the wake of this unprecedented and uncertain situation has instructed sub-ordinate courts that the mode of addressing the Court through video conferencing only and physical appearance has been prohibited. Your goodself is requested to implement the same at Hon’ble Commercial Taxes Tribunal, Jharkhand, Ranchi as also in the court of Commissioner of Commercial Taxes, Jharkhand, Ranchi and the J.C.C.T. (Appeals). Till facility of video conferencing is made, suspend all the courts.
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.
Thanking you,
Sincerely yours,
| Jyoti Poddar
Hony. Secretary |
Subrata Das Gupta
President |
c.c.to:
1. The Secretary, Commercial Taxes Department, Jharkhand, Ranchi.
2. The Commissioner of Commercial Taxes, Jharkhand, Ranchi.
3. The Additional Commissioner of Commercial Taxes, Jharkhand, Ranchi.
4. The J.C.C.T. (Administration), Ranchi Division, Ranchi.
5. The J.C.C.T. (Appeals), Ranchi Division, Ranchi.
March 20, 2020
To,
The J.C.C.T. (Administration), Ranchi Division,
Ranchi.
Sub : Order reg. avoid issuing coercive actions etc.
Sir,
Attached herewith please find copy of order dated 19.03.2020 passed by Hon’ble Jharkhand High Court in W.P. (T) No. 1177 of 2020 in the case of M/s Minerals & Minerals Limited, Lohardaga vs. State of Jharkhand & Others which is self explanatory.
Your goodself is requested to take appropriate action in this regard and instruct your sub-ordinates accordingly.
Thanking you,
Sincerely yours,
Jyoti Poddar
Hony. Secretary
End. a/a.
c.c.to : The D.C.C.T., South Circle/East Circle/West Circle/Special Circle, Ranchi
March 19, 2020
To,
Hon’ble Finance Minister
Government of Jharkhand
Ranchi.
Sub: Practical difficulties in day to day affairs
Respected Sir,
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.
Thanking you,
Sincerely Yours,
| Jyoti Poddar
Hony. Secretary |
Subrata Das Gupta
President |
