Date: 20.12.2016
To,
The Prime
Minister of India,
South
Block, New Delhi
Harassment by Sales
Tax Officials in giving Provisional ID and Password to dealers for GST in
Ludhiana (Punjab)
Sir,
The GST is lauded as uniform taxation
system in the whole country. It is also
boasted as Inspector-free regime for people especially the business community,
but the harassment at the hands of bureaucrats in Taxation Department in Punjab
adequately deflates such lofty claims. Collection of Provisional GST ID & Password
in Ludhiana is not a child’s cake.
As per the circular released by Govt
of Punjab, Deptt. of Excise & Taxation, Punjab, the traders already registered
under the VAT Act are required to migrate to GST Regime. For that, they are required
to collect GST Provisional ID and Password from Taxation Department.
In many states like Haryana, Delhi
etc., GST Provisional ID & Password is easily available online through
existing login ID of the dealer, and one is not required to visit the
department physically. In Punjab, however, the ego of our bureaucrats behests
them to mandate people to visit them personally and beg the Provisional ID and
Password after passing through lengthy torturous procedures. The Officials do
not believe in working as per legal provisions but dictate terms as per their own
self-made laws. One instance should be enough to prove it. The identity of the
Dealer is purposely hidden here for fear of victimization.
On 19.12.16, we sent our
representative to respective ETO in Ludhiana for collection of Provisional GST
ID & Password. The representative carried with him the prescribed filled up
proforma of Department duly signed & stamped by the Registered VAT Dealer. Photocopy
of the PAN card of the Dealer was also enclosed with it. The particulars of the authorize
representative were filled up and his ID proof was enclosed as his identity. Despite that, the ETO concerned refused to
supply the ID on the ground that only a duly authorized Special Power of
Attorney holder on stamp paper of Rs. 500/- or an advocate filing application alongwith
his vakalatnama (Power of Attorney) shall be supplied the ID & Password. Our
request to the ETO for written refusal was declined by him. Surprisingly, the
ETO could not show any such legal provision, and adopted evasive attitude. This
is not the lone case. Most of the Inspectors/ETOs are harassing people by demanding
applications in this way only. May be, people are similarly suffering in other
cities as well.
Sir, collection of Provisional ID
& Password is a simple activity, which in many other states in the country is
available online. The application proforma prescribed by the department itself
nowhere mandates that the application should either be filed through an
advocate or through Special Attorney duly authorized on Stamp paper of Rs.
500/- (in Punjab), but practically it is going on. No law of the land precludes an ordinary
person like brother/sister/ Accountant/Employee etc. from acting as authorized representative
under valid authority, especially for such a simple activity as collection of
Provisional ID & Password of GST.
This only shows that law of the land
is subservient to authority of our bureaucrats. Endless hassles at the
threshold are certainly indicators of people still kept in tight grip of
bureaucracy.
I entreat your goodelf to take pity
on people and instruct your officials to work not as per their whims &
fancies but in accordance of law of the land.
Hoping
acknowledgement and some tangible action.
Regards,
Surinder
Pal, Advocate,
Chamber No.
1029, District Courts Campus,
Ludhiana, (Punjab)
Ph.
98154-66796