Articles by "Legislature passes GST Resolution"
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Hello Jammu News at 9:43:00 PM 0


          SRINAGAR, JULY 5- Several legislators today took part in the discussion on GST Resolution moved by Minister for Finance, Labour & Employment Dr Haseeb Drabu in the House on Tuesday. 
          While initiating the discussion, Javid Hassan Baig said that before venturing into GST debate for its implementation in the state, we were encouraged by our party seniors to study and understand the concept and its implications for all stakeholders. He said "that after exploring the new tax regime, I can confidently stand in favor of GST in the state".
          Baig said that GST is not just Kashmir centric, it's for the whole nation and over 15 long years and 10000 hours of discussion have taken for making this new tax regime. Giving religious or regional overturns to this to create divide is unfortunate, he added.
          Adding that adoption of GST in the state will not compromise its special status and its financial autonomy in any way, Baig said that Government will put in all necessary safeguards to protect the special rights and ensure adoption of GST will not erode Article 370 in any manner. 
          Appreciating the Government for bringing this resolution to the Legislative Assembly for discussion, he said that with this unprecedented move, Government has tried to get the general viewpoint of all legislators, and through them, opinion of general public regarding GST.
          Encouraging Members to mull over GST, he said that all Members are under oath before entering to this august house and it is the sole responsibility of everyone to work for the welfare of their people.  “If you make GST Jammu versus Srinagar versus Ladkah, then we are heading towards a split,” Beigh said.
He also mentioned that former Chief Minister Omar Abdullah has once said that whatever we will get, it will come from the Government of India, Indian Parliament and the cabinet.



          M Y Tarigami said that there is no clarity on the GST Resolution moved by the Finance Minister and he should clear to the House that on what lines government is going to adopt GST in the state. He said the state has been given right to discuss any law passed by Parliament to further discuss whether to adopt it or not. 
          Tarigami said that present GST in totality is a blow to federal polity of India and the state government should come up with its own tax law. The government should work within the limitations of J&K state constitution and should look for some way out, he said. 
          He said that GST will affect the local fruit industry like apricots, handicrafts, horticulture sector and makes no headway to curb unemployment in the state. 
          Ali Mohammad Sagar while raising the question to all the Members said that as public representatives we should deliver on the mandate of raising public voice in right perspective.
          “People are pivot to democracy. Are we ensuring that their sentiments are represented and placates”, Sagar said adding that if GST was as good as promoted, why are traders on strike. He requested Finance Minister Dr Drabu and the government to understand people’s view point towards this tax regime. 
          Sagar said that this resolution will erode the autonomy of the state and the erosion is dangerous as it takes the financial independence out of the purview of the state.
          He said that GST is a financial burden that will hurt the middle and lower class, both businesses and consumers with its elaborate and high tax slabs and therefore it needs conscious discussion and deliberation before enforcing it on public. 
          Usman Majid said GST is a move to reduce State's special provisions under Article 370. He said GST is not in the interest of general public. 
          He further said that there is no consensus among people in the state and traders are protesting all across against this new tax regime. The present circumstances in the state do not allow for such a thing to be implemented, he added.
          Pawan Gupta while taking part in the discussion said that GST is a good concept and welcomed the step of unifying taxes under common thread. He said that GST will curb the interstate tax war and bring all states on a common level playing field, adding that this will lead to curbing the evasion of direct and indirect taxes, thereby leading to steady growth in the GDP. 
         Listing his reservations regarding implementation of GST on the ground, Gupta said that this is a revenue neutral model and therefore the benefits will go to government rather than consumers, Industry and Commerce and that the unregistered small traders will be hurt by GST.
          He further said that GST is a work in progress that will need to take shape overtime, according to the requirements of the state.
          'If J&K does not adopt GST, the state will be at a considerable disadvantage with consumers, industries bearing brunt of it, lead to tax evasions, considerably reduces investments besides losing export edge of the state', he said. 
         Gupta added that 'we are not losing our sovereignty, we are just sharing our economic sovereignty to accrue mutual benefits. No state can survive in seclusion, we should bring GST in the state as soon as possible.'
          Sat Pal Sharma while supporting the Resolution said that GST is a historical tax regime aimed at to boost the economy of country and benefiting people from all sections of the society. He strongly advocated for its implementation in Jammu and Kashmir immediately to avoid unnecessary harassment to the common man and trading community.
          Expressing his concern over the propaganda unleashed by some sections of the society and political parties on the ill effects of GST that it will infringe the State's  economy and its special position, Sat Sharma said that the new tax regime will bring uniformity in the entire country by amalgamating various taxes under one umbrella and compensate the States appropriately. He said the Jammu and Kashmir is a consumer State and will benefit hugely with the implementation of this important law.  He said about 85 essential commodities have been put under 0 to 18 per cent category, which will benefit the common man. The system will also help in curbing theft in tax.
          While making some useful suggestions to the Finance Minister, Sat Sharma called for abolition of entry tax at Lakhanpur, Lower Munda, and religious pilgrimage in the State.
Yawar Dillawar Mir said that GST is the most beneficial regime for all and will boost the State's economy. He said that National Conference has equally contributed in the institution of this important tax law in several meetings of GST Council of which the former Finance Minister, Abdul Rahim Rather was Chairman.
          He said that when the new tax regime has been launched in the entire country, the Jammu and Kashmir cannot remain isolated and has to implement this to avoid any kind of financial and constitutional crisis. He said that the State Government will take care of various safeguards to the special status of Jammu and Kashmir.
          Bashir Ahmed Dar while appreciating the State Government for calling the special session of legislature for debating the important GST regime said that the previous regimes implemented various Central legislations through backdoor system. He clarified that Government's intention is very clear on the subject as the implementation of GST is need of the hour. The Government has brought the Resolution after taking into consideration all its pros and cons, without compromising the special status of the State and interests of all stakeholders. He said that Jammu and Kashmir being consumer State  and will benefit hugely as the Centre will compensate it fully.
          Abdul Rashid Sheikh questioned urgency for implementing the GST and expressed apprehensions that the State will suffer and erode the special status. He said that instead of Resolution, the Government should have brought the direct legislation for discussion. He also said that the trading industry and common man will suffer with the implementation of new tax regime. 

          Later, the House passed the Resolution by voice vote after the detailed reply by the Finance Minister, Haseeb Ahmed Drabu.
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Hello Jammu News at 7:04:00 PM 0


'Special GST' to safeguard JK's Consolidated Fund,
 Special Taxation Powers: Dr Drabu
SRINAGAR, JULY 05: The Resolution on GST was passed by both the Houses of Legislature today amid assurance from the Finance Minister, Dr Haseeb Drabu that implementing Goods and Services Tax (GST) in J&K under the ambit of Article 370, ensuring adequate safeguards for the State’s Special Status and protecting Consolidated Fund and special taxation powers of the State Government are proposed to be incorporated into the Presidential Order for bringing Jammu and Kashmir under the ambit of the new tax regime.
Responding to the concerns of the legislators in J&K Assembly who spoke about the new indirect tax regime over the last two days, Finance Minister, Dr Haseeb Drabu said under no circumstances will the State Government amend the Section 5 of Constitution of J&K which gives it special taxation powers. He said such a move will open a Pandora's Box which will have implications on the Special Constitutional Position of J&K in future.
"We are proposing that the Article 370 shall not be compromised in any way through the Presidential Order. The GST Council should not be a way to subvert the process and enough safeguards are built to empower the constituents of J&K in the Council.  Besides, the exclusive powers of the State to tax and the Consolidated Fund of J&K shall not be impaired," he said.
Expressing concern about declining trade in J&K due to uncertainty over GST, Dr Drabu said only 1000 truckloads of goods crossed the Lakhanpur Toll Post on July 4, down by half when compared with the figures of the corresponding period of last year. "The exports have also halved with only 150 truckloads of goods moving from J&K to other states. This is adversely impacting our trade and economy," he said. 
The Finance Minister said the State Government is not under any pressure to extend GST to Jammu and Kashmir. "We are not working under compulsion but for the restoration of certain processes and constitutional morality which lays foundation of a true democracy. It is the biggest tragedy of our time that we have lost our tradition of dialogue which is why we brought the resolution for GST to the House to revive that culture of consultation. We wanted a consensus on the issue," he said.
Dr Drabu said the resolution on GST, which was passed by the House today, is a statement of a principle. "The sense of the House is that no one has issues with GST per se. There might be differences with modalities of applicability which is why we want this law to be backed by the State Government and legislative process so as to prevent any harm to the consumers and trade without compromising on the State’s special position," he said.
Hitting out at the Opposition for making an issue out of a non-issue, Dr Drabu said the new indirect tax regime is the biggest democratization of public funds in the world and J&K, being a consumer state, will immensely benefit from it.
"We are not touching the Constitution of J&K, so where is the question of violation of basic structure of constitution?  Under previous regimes, 94 out of 97 items in union lists have been made to apply to J&K. The Opposition can't keep on deceiving people by trying to create misconceptions vis-à-vis JK’s Special Status. The Congress issued Presidential Order in 1986 to essentially make laws for the state. After the 1986 ordinance which was effectively the withdrawal of residuary powers of the state, three months later, National Conference formed the Government in the State with Congress," he said.
The Finance Minister said the GST Council is the first truly federal institution in the country which strikes at the roots of Indian federalism. “India is moving from coercive to cooperative federalism. The Opposition is selectively looking at the loss of powers of states but not one is looking at the loss of powers of union to the GST council,” he said.
Dr Drabu said the Article 370, which gives Special Status to J&K under Indian Constitution, should be protected and used for development of the state and for the empowerment of people. "Instead, it is being used as a tool to whip up political passions and draw political mileage. It is being used for creating fake controversies,” he said. Seeking to allay the fears of business community, he said industry exemptions and tax remissions will continue both from the Centre and the State Government under the new tax regime.
Reacting to the demand of the Opposition to bring a separate GST law for Jammu and Kashmir, Dr Drabu said alternative law will require amending Constitution of J&K and of India. "Amending Section 5 of J&K Constitution will open Pandora's Box. Instead, what we are proposing is that the GST Council must come within the ambit of Article 370," he said.
Later, the Finance Minister made similar assertions in the Upper House regarding GST.
After the assurance of Dr Drabu, both the Houses passed with voice vote the Resolution on extension of GST to J&K.
“This House resolves that the Government of Jammu and Kashmir may give consent to the adoption of the GST regime by application of relevant amendments made to the Constitution of India in a modified manner to safeguard the existing special constitutional position of Jammu and Kashmir in the Union of India and the legislative powers under the Constitution of Jammu and Kashmir,” the resolution which was moved by Dr Drabu in the legislature yesterday states.

Earlier, several members from both the treasury benches and the opposition participated in the debate in both Houses on GST Resolution.
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