STATE TIMES NEWS
JAMMU: Aggrieved over the toll at Lakhanpur after GST, Traders Federation Ware House/ Nehru Market moved High Court.
In a petition filed by Rajesh Gupta, President Traders Federation Ware House, Nehru Market, termed the continuation of levy and collection of toll tax by the respondents in the State of Jammu and Kashmir under the Levy of Tolls Act, Samvat 1995 as illegal, ultra-vires of the Constitution and contrary the scheme and architecture of Goods and Services Taxes regime.
Petitioner also sought direction to respondents to abolish in the public interest the Levy of Tolls Act, 1995 (1938 A.D.) promulgated vide Act No. VIII of 1995 in view of promulgation of and implementation of the Central Goods and Services Tax Act, 2017, the Integrated Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017, the Central Goods and Services Tax (Extension to Jammu and Kashmir) Act, 2017 and the Jammu and Kashmir Goods and Services Tax Act, 2017, as continuation of the Levy of Tolls Act, 1995 in the State of Jammu and Kashmir is defeating the basic spirit and architecture of the Goods and Service Tax Regime which is aimed at building the entire country as a One Nation One Tax One Market.
In the petition it was submitted that the petitioner is a duly elected President of Traders Federation Ware House, Nehru Market, Jammu. Besides representing more than 500 traders, whole sellers doing business in one of the largest and only whole sale mandi in the State of J&K supplying food related products to the state and catering the needs of the people. The petitioner himself is an entrepreneur/trader and the forcible levy of Toll tax by the respondents after GST Regime has pricked the pocket as well as finances of the petitioner.
Similarly, all the traders, almost the entire business fraternity and entire population of the State has been forcibly and under duress have been made to pay the Toll Tax at the entry points on every commodity while importing the same into the State of J&K through outside. Therefore, the petitioner being President of the aforesaid Federation is highly concerned about the business fraternity in general and general masses in particular and having failed to generate any response to the State Government with respect abolition of Levy of Tolls Act, Samvat 1995 is approached this Court.
