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Home Opinion My Idea

GST’s constitutional implications

Shafqat Bukhari by Shafqat Bukhari
June 11, 2017
in My Idea
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Mehbooba’s challenges in election time
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Amid hasty decisions to push through proposed controversial GST legislation in the state assembly the Mehbooba led PDP-BJP coalition government has conceded the demand of the opposition for an all party meeting for the purposes of consensus over the issue. So far so good but the question can be asked that what is the fun of holding an all party when the government has asked the traders to register themselves for Goods and Service Tax Network (GSTN) . Interestingly the government’s directive to traders to register themselves for Good and Service Tax Network (GSTN) has come in far sharp criticism from both the opposition and the trading bodies in Kashmir. The intents of the government are questioned on the pretext that the proposed GST legislation is an attempt to extend extension of the 101 amendment act of Indian Constitution to Jammu and Kashmir and this is seen as an attempt to erode the already eroded special status enjoyed by the state under article 370. Since the cabinet which met on June 7 has already approved the draft legislation on GST, the decision to hold an all party meeting is just an attempt to satisfy the political ego of the opposition which may otherwise create pandemonium in the four day short duration assembly session convened only for the purposes of pushing through controversial legislation on GST. Had the government been interested in evolving a consensus over proposed GST legislation the draft of which has been now approved by the cabinet, the government would have convened an all party meeting first to evolve a consensus over the issue and put the draft of the controversial legislation for consideration before the cabinet later. Since most of the trading bodies in Kashmir allege that the implementation of the law is an attempt to centralize collection of taxes on goods and services, it is imperative for the government not only to take serious the views of the opposition on this controversial legislation but also take on board the trading bodies who are real stake holders as far as the issue of changing the tax law is concerned.

The government is trying to hide its malafide intentions under the garb of consultation with the opposition just to divert the attention of people from its intents in extending the extension of 101 amendment act of Indian Constitution to Jammu & Kashmir state.

The intents of the government can’t be question only if it puts to debate the draft of GST legislation approved the cabinet instead of putting to debate the implementation of draft legislation on GST. The basic issue is the difference of opinion between the government and the opposition and the trading bodies on the draft of the GST legislation but not the implementation of the new tax law which can be introduced in the state after the assembly passes it. Before the all party meeting it has become imperative for the government to withdraw its advisory issued through an advertisement in newspapers. Since the advisory reads “the GST will allot a provisional identification number (id) along with passwords to the existing dealers…the dealers who are yet to receive the id and passwords are advised to promptly collect the same and complete the process of obtaining GSTIN by June 15. GSTN will close the process of registration by June 15,” it gives an indication that the process for implementation of the GST has been kick started by the government even without amending the existing tax law. The government is trying to hide its malafide intentions under the garb of consultation with the opposition just to divert the attention of people from its intents in extending the extension of 101 amendment act of Indian Constitution to Jammu & Kashmir state.

 

Tags: JK GST
Shafqat Bukhari

Shafqat Bukhari

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The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

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