Saturday, July 25, 2009

Court Vs Government

A Landmark judgment from Karnataka state high court today. Justice N Kumar today declared entry tax levied by state on vehicles as unconstitutional and asked state government to refund the tax collected during specific time frame. The tax varied from 4% to 15% depend on type of vehicle and age of vehicle. Thanks to about 150 petitioners who challenged the provision. While the story for extra tax burden for vehicle owners ended here, the statement from High court is send out impressive message to law makers and people with narcissism interest.

Here is extracts from what honorable Judge has to say in this case.

“The objective of our Constitution makers was free movement and exchange of goods throughout India. It is essential for the economy of India and for sustaining improving living standards of its people. It should ultimately lead to one-country one-people concept and economic benefit of the development should reach every citizen wherever he lives. The people of the state must sink and swim together. The long-run prosperity and salvation lies in union and not division. Economic unity is the main force for achieving cultural and political unity and stability and progress can be achieved only be demolishing artificial boundaries and barricades and should be sidelined”.
Justice N Kumar

“Shot circuit measures of imposition of tax will not work in the longer run. They are against the principles enunciated in Article 301 of free movement of goods and articles 304(a), which is against levying of any discriminating tax. A state cannot exercise legislative power contrary to constitutional scheme and take away the benefit accrued to common man”.
Justice N Kumar

1 comment:

  1. Good judgment by high court. Finally, even after all this, the hope that good sense will prevail is remote.

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