Srinagar- The High Court of J&K and Ladakh has sought response from the Ministry of Finance, Government of India, for constituting the GST Appellate Tribunal in Jammu and Kashmir.
Hearing a suo-moto Public Interest Litigation, a division bench of Chief Justice N.Kotiswar Singh and Justice M.A. Chowdhary arrayed the Government of India through its Secretary, Ministry of Finance as respondent, “considering the fact that the presence and consent of the officer will be necessary for constituting the GST Appellate Tribunal.”
Accordingly on the asking of the court, T M Shamsi, DSGI, entered appearance and he accepted notice on behalf of the Secretary.
“He may file his response by or before the next date of hearing,” the court said and ordered the listing of the PIL on March 11.
The court had earlier this year registered the PIL suo-moto, considering that the GST Appellate tribunal is not in place and such the litigants are facing considerable hardships. Given the complexity of the issue, the court appointed senior advocate R A Jan as amicus curiae.
Pertinently the Rajya Sabha on Wednesday last granted an approval to a bill aimed at facilitating the setting up of Goods and Services Tax (GST) appellate tribunals (GSTAT).
The approved bill brings about crucial modifications to the terms of appointment for tribunal members and establishes a minimum age cap of 50 years for both members and presidents of the tribunal.
The Bill aims to diversify the pool of eligible candidates for judicial appointments to these tribunals. It introduces a provision allowing advocates with a minimum of 10 years of experience, particularly in matters related to indirect taxation, to serve as judicial members.
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