Adding to the misries of dealers in Punab, ETC has
issued following direction on 31-05-2012 to its subordinates :
-
Surveys be got
conducted
-
Scrutiny and
assessment of all the returns
-
Authenticate all
the bill books of dealers
-
Especially
terrorise the dealers dealing in goods fetching rate of 12.5%
-
Visit the shops
on regular basis
-
Note down
numbers of running bills
-
Check customers
for issue of invoice by dealers
-
All the dealers
to be visited in next two months.
The above directions issued by learned
ETC are non judicious, suppressive and in complete contravention of Punjab Vat
as under :
- Section 29 of the
Punjab Vat Act 2005 does not mandate assessment of all the returns and
requires assessment on certain serious grounds only.
- Self assessment
structure of Vat law over entire country which is in alignment with whiter
paper issued by the Government is not in connosance with directions of ETC
- Under S.46 permission
of ETC /AETC required specifically in each case to conduct inspection of
any place. By issuing general orders regarding inspections to which the
provisions of Code of Criminal Procedures 1973 applies, ETC has contravened
the letter and spirit of Punjab Vat law.
The ETC is generalizing the powers vested
with officers
which
are required to be used sparingly and selectively. The vesting of unbridled
powers with officers shall lead to chaos and unrest amongst dealers and already
burgeoning corruption will scale new heights. Conducting unauthorized and
illegal surveys at dealers premises is a serious issue and tantamounts to
obilterating constitutional rights of dealers to conduct the business. Further
what powers are conferred on the officers of the department to check the bags
and purse of customers who have gathered only to purchase retail goods. Never
ever we have witnessed such unmindful directions being issued by the department
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