Morung Express News
Dimapur | September 26
A recent writ petition filed in the Gauhati High Court, Kohima Bench, once again highlighted the rampant “illegal” collection of taxes by various government agencies and departments at check gates.
The petition in case is Writ Petition (C) No. 148 (K) 2019 - “Kevise Sogotsu & Anr. (Petitioners) versus State of Nagaland & 2 Ors. (Respondents). The petitioners are timber traders and members of the Nagaland Timber Traders Union (NTTU). The petition was filed on September 4 last and motion moved on September 5.
As per the synopsis of the writ petition, copies of which were made available to the media, the root cause of the illegal taxations levied by government agencies on timber products at check gates is due to refusal of the Forest Department to issue Transit Permit (TP).
“The petitioners are aggrieved by the illegal tax collections at the check gates of Pfutsero, Lalmati, Peducha and Chumukedima. The members of the union carrying timber from Kiphire to Dimapur pay Rs. 61,000/- as tax on the way. The respondent Department of Forest refused to issue Transit Pass (TP) for the last three years, this has emboldened the personnel of the Department including other Departments like Police, Taxes, Municipalities, etc also to collect illegal tax from the members of NTTU”, the writ petition stated.
Stating that rampant taxation has taken heavy toll on the timber traders as the entire profit margin was being taken away by tax; the petitioners (NTTU) said it had approached the authorities for redressing their grievances but to no avail.
“The Section 40 of the Nagaland Forest Act of 1968 envisages the fixed rate of issuing Transit Pass (TP) to the traders to the extent of which the Act extends (Nagaland). The refusal to issue TP and collecting taxes without issuing Receipt to the traders prima facie exposes the criminal intent of the respondent Department to collect illegal tax”, the petition stated.
The petitioners were of the view that once TP is issued to the traders, all the other authorities shall be deterred from collecting illegal tax.
The petition also reminded that the Chief Secretary of the State by order dated 22nd June 2009, had banned illegal tax collection on Highways by organizations including the Police, Excises, Taxes etc, which includes Municipalities. Even the Hon’ble High Court also by Judgment & Order dated 3.6.2014 banned tax collection on highways without authority. But despite the standing Order of the State and the by Judgment & Order of the High Court, the rampant “illegal tax collection amounting to extortion continues unabated”, the petition stated.
It further stated that aggrieved by the inaction of the Department and illegalities committed by the personnel on duty at the check gates, W.P.C No. 116 (K) 19 was filed before the Court. However, the same was withdrawn by Order dated 06.08.19 to submit appropriate representation to the Respondent Department. Again, by representation dated 07.08.19, the Petitioner’s Union requested the Department to act as per the Section 40 of the Nagaland Forest Act of 1968. However, till date the Forest department has not responded.
“The remedies have been sought, but the same not redressed by the respondents. Hence, this Writ Petition seeking direction to the Department to issue Transit Permit/Pass to the Petitioner’s Union to discourage illegal tax collection”, it added.
Meanwhile, NTTU has extended full support and solidarity to the Public Action Committee (PAC) of Naga Council Dimapur for initiating a mass movement to stop all illegal taxations at check gates. NTTU president, Kevise Sogotsu, said the union has been all along voicing out against illegal collection of tax, especially by government departments and till date the fight for justice continues.
NTTU further appealed to all sections of society to join hands to eradicate the menace of taxation once and for all.
